044-McCall-Seaboard Coastline RLEASE AGREEMENT
1. PARTIES.
SANFORD, FLORIDA, a
as LESSOR,aad GLENN
2. PREMISES.
leases from Lessor,
ditions hereinafter
property, to -wit:
This lease agreement is between the CITY OF
municipal corporation, herein referred to
McCALL, herein referred to as LESSEE.
Lessor hereby leases to Lessee and Lessee
for the terms and upon the terms and con -
set forth, the hereinafter described
400 feet of the old
Railroad right of wa
of Sanford, Florida,
25th Street.
Seaboard Coastline
y owned by the City
and lying North of
3. TERM. The term of this lease shall commence on the
first day of November, 1982, and shall continue for a period
of three (3) years thereafter, unless sooner terminated or ex-
tended as hereinafter provided. Should Lessee actually take
possession of the demised premises on other than the first day
of a calendar month Lessee agrees to pay a proportionate part
of the monthly rental herein provided for that month only.
Lessee shall have the right to renew said lease for one additional
three (3) year term upon such terms and conditions as the parties
can mutually agree by giving Lessor notice in writing at least
sixty (60) days prior to the expiration of this lease.
4. RENT. Lessee agrees to pay to Lessor or its designee
a rental of ONE THOUSAND DOLLARS ($1,000.00) per year, plus
Florida Sales Tax for each and every year during the term of
this lease, such rental to be paid in advance on or before the
first day of November. Lessor acknowledges receipt of the sum
of ONE THOUSAND DOLLARS ($1,000.00) in payment of the rent due
for the first year.
5. USE. The demised premises are to be used for manufacture
and sale of grave markers and sandblasting and for no other pur-
pose whatsoever. Lessee shall at its own cost and expense
obtain any and all licenses and permits necessary for such use.
6. UTILITIES. Lessee agrees to pay, before delinquency,
all charges for gas, electricity, and water used by it.
7. TAXES. Lessee agrees to pay or cause to be paid all
taxes levied against the land and the building and improvements
situated thereon. Lessee agrees to pay all taxes levied upon
personal property, including trade fixtures and inventory,
kept on the leased premises by Lessee.
8. MAINTENANCE. Lessee agrees to take good care of the pro-
perty and its fixtures and to suffer no waste.
9. ALTERATIONS. Lessee shall not make any alterations,
additions, or improvements, including any sign, marquee, or
awning, without securing Lessor's written consent. Any such
alterations, additions or improvements shall be made by Lessee
in a good workmanlike manner without cost to Lessor. All
alterations, additions, or improvements shall become the pro-
perty of Lessor; however, on written notice to Lessee prior to
the expiration of the lease Lessee agrees to remove said alter-
ations, or improvements and to restore the premises to their
original condition, at Lessee's expense.
10. TRADE AND OTHER FIXTURES. Lessee may install or cause
to be installed such equipment and trade or other fixtures as are
reasonably necessary for the operation of its business. Such
equipment and trade or other fixtures shall remain personal
property.
11. CASUALTY DAMAGE. Upon the occurrence of any casualty
or peril, Lessee shall give immediate notice to Lessor. If, in
the opinion of Lessor, the leased premises are rendered sub-
stantially unfit for occupancy or use by any casualty or peril
or the Lessor shall decide to build or remodel said premises,
this lease shall cease and rent shall abate from the occurrence
of such casualty or vacation of the premises, whichever is later.
12. LIABILITY INSURANCE - HOLD HARMLESS. Lessor shall not
be liable to Lessee or Lessee's employeEs, patrons or visitors
for any damage to persons or property caused by any action,
omission or negligence of Lessee and Lessee agrees to hold
Lessor harmless from all claims for any such damage; nor shall
Lessor be liable for any damage to persons or property due to
the building or any part or appurtenance thereof being improperly
constructed, or being or becoming out of repair, and Lessee
accepts said premises as suitable for the purposes for which the
same are leased, and accepts the said building and each and
every appurtenance thereof and waives defects therein.
Lessee agrees to Lessee's expense to maintain in force
continuously throughout the term of this lease public liability
covering the leased premises, with limits of 100,000 for
death or injury to one person, and 300,000 for death or injury
to more than one person and 50,000 for property damage, and
shall forthwith furnish Lessor a certificate by the insurer
that such insurance is in force and naming Lessor as an
additional insured.
13. COMPLIANCE WITH LAWS. Lessee agrees to promptly comply
with all applicable and valid laws, ordinances and regulations
of Federal, State, County, Municipal, or other lawsful authority
pertaining to the use and occupancy of the leased premises.
14. ASSIGNMENT AND SUBLETTING. Lessee shall not assign
this lease or allow the same to be assigned by operation of law
or otherwise or sublet said premises or any part thereof or use
or permit same to be used for any purpose other than as above
specified, without Lessor's prior written consent. Any such
assignment or sublease shall be subject to all of the terms and
conditions of the lease and Lessee shall remain primarily
liable for the payment of the rent and the performance of
all of the terms and conditions.
15. BANKRUPTCY. Should Lessee make an assignment for
benefit of creditors, or be adjucicated bankrupt, such action
shall constitute a breach of the lease for which Lessor, at
its option, may terminate all rights of Lessee under this
lease.
16. EMINENT DOMAIN. If all or any part of the lease pre-
mises is taken under the power of eminent domain or conveyed
under threat of condemnation proceedings and Lessor shall deter-
mine that the remainder is inadequate or unsatisfactory for
the purposes of this lease, which determination shall not be
arbitrarily or capriciously made, then this lease shall terminate
effective as of the date Lessee is required to give up the right
to occupy or use the premises. Lessee shall have no right to
make any claim against Lessor because of such termination.
17. ATTORNEY'S FEES. If suit is brought to enforce any
covenant of this lease or for the breach of any covenant or
condition herein contained, the parties hereto agree that the losii
ig
party shall pay to the prevailing party a reasonable attorney's
fee, which shall be fixed by the court, and court costs.
18. DEFAULT. In case of default by the Lessee in any of
the covenants on its part herein contained, Lessor may enforce
performance of this lease in any manner provided by law, or,
at the option of the Lessor, this lease may be forfeited in the
event any such default continues for a period of twenty (20)
days after Lessor notifies the Lessee of such defaults and of
Lessor's intention to declare the lease forfeited, and upon the
expiration of said twenty (20) day period (unless Lessee shall
have within such period commenced the removal of such default
and thereafter shall proceed with due diligence until the default
complained of has been removed or cured) this lease shall cease
and come to any end as if that were the day originally fixed
for the expiration of the term thereof, and Lessor's agent
or attorney shall have the right without further notice or demand
to re -enter and remove all persons from the premises without
being deemed guilty of any manner of trespass and without pre-
judice to any remedies for arrears of rent or breach of covenant,
or Lessor's agent or attorney may resume possession of the pre-
mises and relet the same for the remainder of the term at the
best rental such agent or attorney may obtain for the account
of the Lessee, who shall pay to the Lessor any deficient, and
Lessor shall have a lien as security for the rent reserved upon
all the goods, wares, chattels, implements, machinery, equipment,
fixtures, tools and other personal property belonging to Lessee
which are or may be put upon the leased premises.
In the event Lessor shall default in the performance
of any of the terms or provisions of this lease, Lessee shall
promptly so notify Lessor in writing. If Lessor shall fail to
cure such default within twenty (20) days after receipt of such
notice, or if the default is of such character as to require
more than twenty (20) days to cure and Lessor shall fail to
commence to do so within twenty (20) days after receipt of such
notice and thereafter diligently proceed to cure such default,
then in either event Lessee may cure such default and such
expense shall be deducted from the rent otherwise due, but
any such default shall not work as a forfeiture of this lease.
19. LEASE OR SUBLEASE. If this lease is in fact a sublease,
Lessee accepts this lease subject to all of the terms and
conditions of the uncbrlying lease under which Lessor holds the
leased premises as Lessee. Lessee covenants that it will do no
act or thing which shall constitute a violation by Lessor of its
obligations under such underlying lease.
20. HOLDING OVER. Should Lessee hold over the leased
premises, or any part thereof, after the expiration of the term
of this lease, unless otherwise agreed in writing, such holding
over shall constitute and be construed as a tenancy from month
to month only, at a monthly rental equal to the rent paid for
the last month of the term of this lease plus twenty per cent
(20 %) of such amount.
21. COMPLETE AGREEMENT. This lease contains a complete
expression of the agreement between the parties and there are no
promises, representations or inducements except such as are
herein provided.
22. NOTICES. Any notices required or permitted hereunder
shall be in writing and delivered either in person to the other
party or the other party's authorized agent, or by United States
Certified Mail, Return Receipt Requested, postage fully prepaid,
to the addressee set forth hereinafter, or to such other
address as either party may designate in writing and deliver
as herein provided.
LESSOR: CITY OF SANFORD
P.O. Box 1778
Sanford, FL 32771
LESSEE: Glenn M. McCall
P.O. Box 760
Sanford, FL 32771
23. This lease contains a complete expression of the agree-
ment between the parties and there are no promises, representa-
tions or inducements except as herein provided, and this agree-
ment shall not be modified orally or in any manner other than
by agreement in writing signed by all the parties hereto or by
their respective successors in interest.
24. Lessee will cause no permanent structures to be located
on said property nor will Lessee construct or obstruct in any
way Lessor's access to sewer lines buried on said property.
Lessor reserves for itself, its agents or assigns the right
to unlimited access to said property and to remove any
structures, furnishings, fixtures, equipment, or inventory
for the purpose of inspecting, maintaining or repairing said
sewer lines.
EXECUTED this day of A.D., 1982.
THE CITY Q SANFORD, FLORIDA
WITNESS AS ITS
ITNESS
WI ESS
✓lam � r I
I
W+INE SS
�, .i.
GLENN M. McCALL
`f
LEASE EXTENSION AND MODIFICATION AGREEMENT
This Lease Extension and Modification Agreement (The "Extension Agreement ")
is dated this 17th d of May 1999, by and between the City of Sanford, Florida
(hereafter referred to as "LESSOR ") and Glenn McCall. (hereinafter referred to as
"LESSEE ").
WITPIESSETH:
W14EREAS, on March 17, 1994, LESSOR and LESSEE entered into that certain
Lease with respect to rental of property for an initial Lease term from the commencement
date of March 1, 1994 through February 28, 1999.
LESSOR and LESSEE agree to amend and modify the terms and conditions of the
Lease as follows:
1. Paragraph 2. Premises the property description shall be modified to read:
LEGAL LEG SEC 35 TWO 19S RE 30E
N OF 25TH S
SLY 400 FT X 55 FT OF ABANDONED CAL RE
2. Paragraph 3. Term shall be deleted in its entirety and shall be replaced with
the following:
Term: LESSOR and LESSEE hereby agree to extend the term of the Lease
as defined in the Lease Extension and Modification Agreement for an
additional five (5) years, with the Agreement being reviewed each year and
modified if necessary, at the sole discretion of the Lessor, on the anniversary
date of renewal. The commencement date of the extension term is March 1,
1999, and the expiration date of the Lease shall be March 1, 2004. The City
has the right to terminate this Lease for any reason if it gives Lessee sixty (60)
days written notice of the termination.
r
3. Paragraph 24. Rent: shall be deleted in its entirety and shall be replaced with
the following:
Lessee agrees to pay Lessor or its designee rent plus Florida State Sales Tax,
such rental to be paid semi - annually in advance on or before the first day of
May and November. For the first year, the rent amount shall be $1,000. for
the year. After the first year, the rent shall be the fair market rental of the
property as established by the City.
4. Paragraph 24. Regarding payment of arrearage shall be deleted in its entirety.
5. In all other respects, the Lease of March 17, 1994 stands in its entirety. In case
of conflict between this Lease Extension and Modification Agreement, and
the Lease of 1994, this Lease Extension and Modification shall govern.
IN WITNESS WHEREOF, The City of Sanford and Glenn McCall have
caused this Extension and Modification of Contract to be executed the
17 th day of Ma y 1999.
ATTEST:
net R. Dougherty, 6ty C lerlV
d��
� ;es k ju�KP�
prlrt?-4 :
THE CITY OF SAN RD, FLORIDA
/_ 0 Dale, Mayor
LESSEE
Glenn MCCai "
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1s;
a
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o
TITS CI INNATI INSURANCC'°COMPANY
P.O. BOX 145496 CINCINNATI, OHIO 45250 -5496
(13) 870 -2000
7648600
A Stock Insurance Company Previous Policy No.
COMMON POLICY DECLARATIONS
RENEWAL
DECLARATIONS POLICY NUMBER CAP 764 86 00
NAMED INSURED GLEN MCCALL DBA
SEMINOLE MONUMENT COMPANY
ADDRESS 2208 WEST 25TH STREET
(Number & Street, SANFORD, FL 32771 -4137
own
,County,
State & Zip No.)
Policy Period: At 12:01 A.M., STANDARD TIME AT YOUR
_. MAILING ADDRESS SHOWN ABOVE FROM:. 05- 18-1999.. TO: 05 -1 -2902
Agency THE MCKIBBIN AGENCY 09 -041
City SANFORD, FL
Legal Entity /Business Description
INDIVIDUAL
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POL-
ICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
FORMS APPLICABLE TO ALL COVERAGE PARTS: (show numbers)
IA102 12/96 IA904 01/92 IA4124 02/96 IA448 11/88
IA4007FL 07/93 IL0175 09/93 IL0255 03/98 IP412 12/92
FM501 06/94 GA501 07/98
TAX ID 5000865
MI-6 KL2
04 -29 -1999
Lit Countersigned May 4, 1999 g y
(Date) (Authorized Representative)
IN WITNESS WHEREOF this ppolicy has been signed by our President and Secretary in the City of Fairfield
Ohio, but this policy shall not be binding upon us unless countersigned by an authorized representative o{
ours. This provision does not apply in Arizona, Virginia and Wisconsin.
Secretary President
IA 50104 99
Page 1 of 2
THE: CIl`"'INNATI INSURANCE" 'OMPANY
P.O. BOX 145496, CINCINNATI, OHIO 45250.5496
A Stook Insurance Company
COMMERCIAL GENERAL LIABILITY COVERAGE
PART DECLARATIONS
Attached to and forming part of POLICY NUMBER: CAP
764 86 00 Effective Date: 05 -18 -1999
Named Insured: IS THE SAME AS IT APPEARS ON THE COMMON POLICY DECLARATION
LIMITS OF INSURANCE
EACH OCCURRENCE LIMIT
$ 11000,000
PRODUCTS - COMPLETED OPERATIONS AGGREGATE
LIMIT 1,000,000
PE ADVERTISING INJURY LIMIT
$ 1,000,000
$100,000 unnles otherw
N p E
$ OR EXPLOSI
Iimi
indicated herein:
MEDICAL EXPENSE LIMIT
$5,000 limit unless otherwise indicated herein:
$ ANY ONE PERSON
CLASSIFICATION
CODE
PREMIUM
RATE
ADVANCE PREMIUM
NO.
BASIS
A•Area
Pioducta/
ALL OTHER
Products/
ALLOTHER
B • Payroll
Completed
Completed
C • Gross Sales
Operations
Operations
D • Units
E • Other
STORES -NO FOOD OR DRINK
18437
C30,000
0.005
2.839
INCL.
130 M
HIRED AND NONOWNED AUTO
32
ADDITIONAL INSUREDS
49950
25
The General Liability Coverage Part is subject to an
annual minimum premium.
1
TOTAL ANNUAL PREMIUM
$187
FORMS AND /OR ENDORSEMENTS APPLICABLE TO
THIS COVERAGE PART:
GA101 01/95 GA468 09/95 CGO220
03/98 GA207 06/95
CG2026 11/85 GA321 01/95
GA 501 07 98 Page 1 of 2
THIS ENDORSEK'T CHANGES THE POLICY. PL( READ IT CAREFULLY.
ADDITIONAL INSURED -- DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
CITY OF SANFORD
300 NORTH PARK AVENUE
SANFORD, FL 32771
(If no entry appears above, information required to complete this endorsement will be shown in the Dec-
larations as applicable to this endorsement.)
WHO IS AN INSURED (Section Ip is amended to include as an insured the person or organization shown
in the Schedule as an insured but only with respect to liability arising out of your operations or premises
owned by or rented to you.
CG 20 2611 85 Copyright, Insurance Services Office, Inc., 1984
LEASE VALUE ESTIMATE
go
West Twenty -Fifth Street Property
Sanford, Florida
PREPARED FOR
Mr. Howard Jeffries
Landscape Architect
City of Sanford
City Hall
Sanford, Florida
DATE OF ESTIMATION
April 1, 1999
PREPARED BY
John Sauls, Broker- Appraiser
Masonic Building
Sanford, Florida
,jGHN SAULS AGEN(...Y
JOHN L. SAULS, SR.
LICENSED REAL ESTATE BROKER
REAL ESTATE
SALES • APPRAISALS • CONSULTANT
Mr. Howard Jeffries
Landscape Architect
City of Sanford
City Hall
Sanford, Florida 32771
Dear Mr. Jeffries:
SUITE 12
MASONIC BUILDING
212 NORTH PARK AVENUE
April 1, 1999
P.O. BOX 406
SANFORD, FLORIDA 32772 -0406
PHONE 407- 322 -7174
RE: The Southerly 400 feet of abandoned Atlantic Coast
Line Railroad right -of -way North of Twenty -Fifth
Street, in Section 35, Township 19 South, Range 30
East, in Seminole County, Florida
In accordance with your request and Purchase Order No. 19959,
the undersigned has investigated the lease - rental situation
in the area with regard to vacant properties; and the estimated
annual lease value of the above - captioned property as of April
1, 1999, is:
ONE THOUSAND DOLLARS
($1,000.00)
The undersigned hereby certifies that he has personally in-
spected the property involved herein and that, to the best of
his knowedge and belief, the statements and opinions set out
herein are correct.
The undersigned also certifies that he has no interest, con
tingent or otherwise, in the property and that the fee charged
for this report is in no way contingent upon the values esta-
blished. He further states that the payment of said fee is
not contingent upon sale closing, loan closing, settlement of
estate, settlement of litigation, acquisition, or upon any
factor other than delivery of this report - -said fee to be set
by the undersigned whose services are completed upon delivery
of this report.
I
60th
Year =
JS:cS
in Downtown Sanford
Respectfully bmi ted,
John Sauls
Licensed Real Estate Broker
Certificate No. 0077305
gig
SCOPE AND PURPOSE
19
The aforesigned has been engaged to ascertain the esti-
mated fair market annual lease value of the subject prop-
erty as of April 1, 1999. In so doing, he has made a
concerted effort to discover comparable lease values in
the area. He has made use of available sources of infor-
mation and has considered all factors that have come to
his attention.
DEFINITION OF LEASE
A written document by which the possession of land and/
or a building is given by the owner to another person
for a specified.period of time and for the rent speci-
fied.
- (Definition was taken-from Appraisal Terminology and
handbook, American Institute of Real Estate Appraisers,
Fourth Edition.)
OWNER OF RECORD AND ADDRES
City of Sanford
c/o Glenn McCall
2208 West Twenty -Fifth Street
Sanford, Florida 32771 -4137
(This information was taken from Seminole County Property
Appraiser records.. Information supplied by the City names.
City of Sanford as the property owner.)
LEGAL DESCRIPTION
The Southerly 400 feet of abandoned Atlantic Coast Line
Railroad right -o£ -way North of Twenty -Fifth Street, in
Section 35, Township 19 South, Range 30 East, in Seminole
County, Florida
(Legal Description is taken from Seminole County Property
Appraiser records.)
PROPERTY I. D. NUMBER
The Seminole County Property Tax I. D. number is No.
35- 19 -30- 300 -012A -0000.
SHAPE AND SIZE OF PROPERTY
The property under consideration is irregular in shape,
fronts 55 feet m.o.l. on County Road No. 46 -A on the
south, has easterly and westerly lines of 400 feet, each,
m.o.l., has a northerly line of 55 feet m.o.l. and con-
tains 22,000 square feet m.o.l.
(The dimensions were supplied to the aforesigned by.the
applicant.)
LOCATION AND ACCESSIBILITY
The subject property is located at 2208 West Twenty -Fifth
Street, in Sanford, Seminole County, Florida. Twenty -
Fifth Street, in the area of the subject property, is
also known as County Road No. 46 -A which is a western
- extension of State Road No. 46 East. Twenty -Fifth Street
is also known as Geneva Avenue or Geneva Street and was
formerly known as Geneva Ferry Road. State Road 46 begins
at U. S. Highway 441 in Tavares and terminates at U. S.
Highway No. 1 in Mims on Florida's east coast.
(See Sketch provided herein which was provided by the
applicant.)
PRESENT USE
At present the subject property is being utilized by a
business concern known as Seminole Monument Company.
The old Rinker Building Material complex abuts the subject
to the west. From visual inspection, it appears that
only the south approximate one -third of the Rinker prop-
erty is being used at this time.
ZnNTNr.
The subject property is zoned M1 -2 under City of Sanford
Zoning Department.
SKETCH
N
.. II
LEASE EXTENSION AND MODIFICATION AGREEMENT LOCATOR MAP
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2.
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SITE
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n'IWATFR POTA13LC
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RAIL ROADRIDIITOF'
FORCE MAIN
14• RECLAIMCD
WATER MAIN
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POTABLE WATER MAIN
°- RECLAIMEO WATER MAIN
SAN. SEWCR MAIN
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2.
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SITE
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n'IWATFR POTA13LC
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RAIL ROADRIDIITOF'
FORCE MAIN
14• RECLAIMCD
WATER MAIN
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W F
POTABLE WATER MAIN
°- RECLAIMEO WATER MAIN
SAN. SEWCR MAIN
IMPROVEMENTS
Situate underground on the subject land are:
An 18 -inch sanitary sewer force main
A 14 -inch reclaimed water main
(This information was supplied by the applicant.)
Because of the aforementioned improvements, nothing can
be built on the property. Only movable structures are
allowed above ground. Should these improvements change
in the future, the change would necessitate a reconsi-
deration of the fair market annual lease value reported
herein. At which time, the then - existing economic, mar-
ket, and other extant conditions would need to be taken
into account.
VALUATION
The estimated annual fair market lease value of the subject
property., reflecting existing conditions, is $1,000.
JOHN SAULS
QUALIFICATIONS
LICENSED REAL ESTATE BROKER LICENSE NO. 0077305
ATTENDED ORLANDO, FLORIDA, SCHOOL OF REAL ESTATE LAW FOR
SALESMEN
ATTENDED ORLANDO, FLORIDA, SCHOOL OF REAL ESTATE LAW FOR
BROKERS
ATTENDED UNIVERSITY OF FLORIDA APPRAISAL COURSE ON "APPRAISAL
OF REAL ESTATE" OFFERED BY AMERICAN INSTITUTE OF
REAL ESTATE APPRAISERS
ATTENDED UNIVERSITY OF SAN FRANCISCO APPRAISAL COURSE ON
"CONDEMNATION APPRAISAL PRACTICES" OFFERED BY
AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS
PARTICIPATES IN CONTINUING EDUCATION COURSES BY BERT RODGERS
SCHOOLS OF REAL ESTATE EVERY TWO YEARS
RESIDENT OF SANFORD AND SEMINOLE COUNTY PAST 60 YEARS
OWNED AND OPERATED OWN BUSINESS PAST 38 YEARS
HAVE BEEN ACTIVELY ENGAGED IN THE REAL ESTATE APPRAISAL
PROFESSION CONTINUOUSLY FOR THE PAST 38 YEARS
HAVE GIVEN EXPERT TESTIMONY IN VARIOUS COURTS, INCLUDING
BANKRUPTCY PROCEEDINGS, CONCERNING MORE THAN 500
PARCELS OF REAL ESTATE
HAVE NEGOTIATED IN ACQUISITION PROCEEDINGS FOR SEMINOLE COUNTY
EXPRESSWAY AUTHORITY, FLORIDA DEPARTMENT OF
TRANSPORTATION, BUSINESSES, CHURCHES, AND
INDIVIDUALS
HAVE PERFORMED CONSULTATION SERVICES AND PRODUCED STUDIES
IN REFERENCE TO BUSINESS CONDITIONS
HAVE APPRAISED FOR FEDERAL HOUSING ADMINISTRATION; DEPARTMENT
OF TRANSPORTATION OF THE STATE OF FLORIDA; OLD
FLORIDA STATE ROAD DEPARTMENT; COUNTY, CIRCUIT,
AND FEDERAL COURTS; SEMINOLE COUNTY BOARDS OF
COMMISSIONERS AND PUBLIC INSTRUCTION; SEMINOLE
COUNTY EXPRESSWAY AUTHORITY; CITIES OF SANFORD,
ALTAMONTE SPRINGS, CASSELBERRY, OVIEDO, AND
WINTER SPRINGS; SANFORD AIRPORT AUTHORITY; BANKS
LENDING INSTITUTIONS; POWER COMPANIES; TELEPHONE
COMPANIES; OIL COMPANIES; PRIVATE BUSINESSES; AND
INDIVIDUALS
0
of Sanford, Flo
P.O. Box 1786 - 32772 -1788
Telephone (407) 330 -5601
Fax (407) 330 -5666
March 22, 1994
Mr. Glenn M. McCall
121 East First Street
Sanford, Florida 32771
RE: Lease Agreement for 400 feet of old Seaboard Coastline
Railroad Right -of -way
Dear Glenn:
Enclosed herewith, is one (1) fully executed lease covering
the five (5) year period beginning March 1, 1994. Please note that
the rental and portion of the rent arrearage is due automatically
on May 1st and November 1st of each year, beginning May 1, 1994.
The lease does not provide for billing by the City.
Please contact me if you have any questions.
Very truly yours,
Simmorr�, P.E.
City Manager
WAS /acd
Enclosure
CC: City Clerk
Finance Director
a: \letter \mccall.les
"The Friendly City"
L-044
LEASE AGREEMENT
1. PARTIES This Lease Agreement is between the CITY OF
SANFORD, FLORIDA, a municipal corporation, herein referred to as
LESSOR, and GLENN McCALL, herein referred to as LESSEE.
2. PREMISES LESSOR hereby leases to LESSEE and LESSEE leases
from LESSOR, for the terms and upon the terms and conditions
hereinafter set forth, the hereinafter described property, to -wit:
400 feet of the old Seaboard
Coastline Railroad right-of-
way owned by the City of
Sanford, Florida, and lying
North of 25th Street.
3. TERM The term of this Lease shall commence on the 1st
day of March , 1994, and shall continue for a period of five (5)
years thereafter, unless sooner terminated or extended as hereinafter
provided. LESSEE shall have the right to renew said lease for one (1)
additional five (5) year term upon such terms and conditions as the
parties can mutually agree by giving LESSOR notice in writing at least
sixty (60) days prior to the expiration of this Lease.
4. RENT LESSEE agrees to pay LESSOR or its designee a rental
of $500.00 dollars per year, plus Florida Sales Tax for each and
every year during the term of this Lease, such rental to be paid
semiannually in advance on or before the first day of May and
November
5. USE. The demised premises are to be used for manufacture
and sale of grave markers and sandblasting and for no other purpose
whatsoever. LESSEE shall at its own cost and expense obtain any and
all licenses and permits necessary for such use.
6. UTILITIES LESSEE agrees to pay, before delinquency, all
charges for gas, electricity, stormwater and water used by it.
7. TAXES LESSEE agrees to pay or cause to be paid all taxes
levied against the land and the building and improvements situated
thereon. LESSEE agrees to pay all taxes levied upon personal
property, including trade fixtures and inventory, kept on the leased
premises by LESSEE.
8. MAINTENANCE LESSEE agrees to take good care of the
property and its fixtures and to suffer no waste.
9. ALTERATIONS LESSEE shall not make any alterations,
additions, or improvements, including any sign, marquee, or awning,
without securing LESSOR'S written consent. Any such alterations,
additions or improvements shall be made by LESSEE in a good
workmanlike manner without cost to LESSOR. All alterations,
additions, or improvements shall become the property of LESSOR;
however, on written notice to LESSEE prior to the expiration of the
Lease LESSEE agrees to remove said alterations, or improvements and
to restore the premises to their original condition, at LESSEE'S
expense.
10. TRADE AND OTHER FIXTURES LESSEE may install or cause to
be installed such equipment and trade or other fixtures as are
reasonably necessary for the operation of its business. Such
equipment and trade or other fixtures shall remain personal property.
11. CASUALTY DAMAGE Upon the occurrence of any casualty or
peril, LESSEE shall give immediate notice to LESSOR. If, in the
opinion of LESSOR, the leased premises are rendered substantially
unfit for occupancy or use by any casualty or peril or the LESSOR
shall decide to build or remodel said premises, this Lease shall cease
and rent shall abate from the occurrence of such casualty or vacation
of the premises, whichever is later.
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12. LIABILITY INSURANCE - HOLD HARMLESS LESSOR shall not be
liable to LESSEE or LESSEE'S employees, patrons or visitors for any
damage to persons or property caused by any action, omission or
negligence of LESSEE and LESSEE agrees to hold LESSOR harmless from
all claims for any such damage; nor shall LESSOR be liable for any
damage to persons or property due to the building or any part or
appurtenance thereof being improperly constructed, or being or
becoming out of repair, and LESSEE accepts said premises as suitable
for the purposes for which the same are leased, and accepts the said
building and each and every appurtenance thereof and waives defects
therein.
LESSEE agrees to LESSEE'S expense to maintain in force
continuously throughout the term of this Lease public liability
covering the leased premises, with limits of Five Hundred Thousand
dollars ($500,000.00) for death or injury to one person, and One
Million dollars ($1,000,000.00) for death or injury to more than one
person and Five Hundred Thousand dollars ($500,000.00) for property
damage, and shall forthwith furnish LESSOR a certificate by the
insurer that such insurance is in force and naming LESSOR as an
additional insured.
13. COMPLIANCE WITH LAWS LESSEE agrees to promptly comply
with all applicable and valid laws, ordinances and regulations of
Federal, State, County, Municipal, or other lawful authority
pertaining to the use and occupancy of the leased premises.
14. ASSIGNMENT AND SUBLETTING LESSEE shall not assign this
Lease or allow the same to be assigned by operation of law or
otherwise or sublet said premises or any part thereof or use or permit
same to be used for any purpose other than as above specified, without
LESSOR'S prior written consent which will not be unreasonably
withheld. Any such assignment or sublease shall be subject to all of
the terms and conditions of the Lease and LESSEE shall remain
primarily liable for the payment of the rent and the performance of
all of the terms and conditions.
15. BANKRUPTCY Should LESSEE make an assignment for benefit
of creditors, or be adjudicated bankrupt, such action shall constitute
a breach of the Lease for which LESSOR, at its option, may terminate
all rights of LESSEE under this Lease.
16. EMINENT DOMAIN If all or any part of the leased premises
is taken under the power of eminent domain or conveyed under threat
of condemnation proceedings and LESSOR shall determine that the
remainder is inadequate or unsatisfactory for the purposes of this
Lease, which determination shall not be arbitrarily or capriciously
made, then this Lease shall terminate effective as of the date LESSEE
is required to give up the right to occupy or use the premises.
LESSEE shall have no right to make any claim against LESSOR because
of such termination.
17. ATTORNEY'S FEES If suit is brought to enforce any,
covenant of this Lease or for the breach of any covenant or condition
herein contained, the parties hereto agree that the losing party shall
pay to the prevailing party a reasonable attorney's fee, which shall
be fixed by the court, and court costs.
18. DEFAULT In case of default by the LESSEE in any of the
covenants on its part herein contained, LESSOR may enforce performance
of this Lease in any manner provided by law, or, at the option of the
LESSOR, this Lease may be forfeited in the event any such default
continues for a period of twenty (20) days after LESSOR notifies the
LESSEE of such defaults and of LESSOR'S intention to declare the Lease
forfeited, and upon the expiration of said twenty (20) day period
(unless LESSEE shall have within such period commenced the removal of
such default and thereafter shall proceed with due diligence until the
default complained of has been removed or cured) this Lease shall
cease and come to any end as if that were the day originally fixed for
the expiration of the term thereof, and LESSOR'S agent or attorney
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shall have the right without further notice or demand to re -enter and
remove all persons from the premises without being deemed guilty of
any manner of trespass and without prejudice to any remedies for
arrears of rent or breach of covenant, or LESSOR'S agent or attorney
may resume possession of the premises and relet the same for the
remainder of the term at the best rental such agent or attorney may
obtain for the account of the LESSEE, who shall pay to the LESSOR any
deficient, and LESSOR shall have a lien as security for the rent
reserved upon all the goods, wares, chattels, implements, machinery,
equipment, fixtures, tools and other personal property belonging to
LESSEE which are or may be put upon the leased premises.
In the event LESSOR shall default in the performance of any
of the terms or provisions of this Lease, LESSEE shall promptly so
notify LESSOR in writing. If LESSOR shall fail to cure such default
within twenty (20) days after receipt of such notice, or if the
default is of such character as to require more than twenty (20) days
to cure and LESSOR shall fail to commence to do so within twenty (20)
days after receipt of such notice and thereafter diligently proceed
to cure such default, then in either event LESSEE may cure such
default and such expense shall be deducted from the rent otherwise
due, but any such default shall not work as a forfeiture of this
Lease.
19. LEASE OR SUBLEASE If this Lease is in fact a sublease,
LESSEE accepts this Lease subject to all of the terms and conditions
of the underlying Lease under which LESSOR holds the leased premises
as LESSEE. LESSEE covenants that it will do no act or thing which
shall constitute a violation by LESSOR of its obligations under such
underlying Lease.
20. HOLDING OVER Should LESSEE hold over the leased premises,
or any part thereof, after the expiration of the term of this Lease,
unless otherwise agreed in writing, such holding over shall constitute
and be construed as a tenancy from month to month only, at a monthly
rental equal to the rent paid for the last month of the term of this
Lease plus twenty percent (20 %) of such amount.
21. COMPLETE AGREEMENT This Lease contains a complete
expression of the agreement between the parties and there are no
promises, representations or inducements except such as are herein
provided.
22. NOTICES Any notices required or permitted hereunder shall
be in writing and delivered either in person to the other party or the
other party's authorized agent, or by United States Certified Mail,
Return Receipt Requested, postage fully prepaid, to the addressee set
forth hereinafter, or to such other address as either party may
designate in writing and deliver as herein provided.
LESSOR: CITY OF SANFORD
P. O. Box 1788
Sanford, FL 32772 -1788
LESSEE: GLENN M. McCALL
121 E. First Street
Sanford, FL 32771
23. LESSEE will cause no permanent structures to be located on
said property nor will LESSEE construct or obstruct in any way
LESSOR'S access to sewer lines buried on said property. LESSOR
reserves for itself, its agents or assigns the right to unlimited
access to said property and to remove any structures, furnishings,
fixtures, equipment, or inventory for the purpose of inspecting,
maintaining or repairing said sewer lines. The demised property is
irrigated utilizing reclaimed wastewater. The maintenance and
operation of the irrigation system is responsibility of the LESSOR.
The LESSEE shall in no way interfere with the operation or maintenance
of the irrigation system, and will promptly notify the LESSOR should
the system appear to require maintenance or repairs.
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24. It is acknowledged by both parties that the previous Lease
on this property, was executed October 29, 1982 and was approved for
a three (3) year extension on June 24, 1985, bringing the Lease
expiration date to October 31, 1988. Since that date, the LESSEE has
held over on the property, but has paid no rent. It is agreed that
rent arrearage dating from November 1, 1988 to February 28, 1994
inclusive of interest at eight' percent (8 %) per annum and Florida
Sales Tax shall be computed at the rental rate of five hundred dollars
($ 500.00) per year. Total arrearage is three thousand five hundred
sixty five dollars and two cents ($3,565.02). It is agreed that such
arrearage shall be paid to the City at the rate of five hundred
dollars ($500.00), plus sales tax, per year in two hundred fifty
dollars ($250.00) installments, plus sales tax, paid semiannually with
the semiannual rent payment of two hundred fifty seven dollars and
seventy nine cents ($257.79), inclusive of tax, beginning May 1, 1994,
until the arrearage is paid in full.
Payment of regular semiannual rent in the amount of two
hundred fifty ($ 250.00) per semiannual payment, plus sales tax, is
due on May 1st and November 1st of each year beginning May 1, 1994.
Any default in payment of this arrearage or regular
semiannual payment shall constitute a default of the Lease.
25. This Lease contains a complete expression of the agreement
between the parties and there are no promises, representations or
inducements except as herein provided, and this agreement shall not
be modified orally or in any manner other than by agreement in writing
signed by all the parties hereto or by their respective successors in
interest.
EXECUTED this /7 7 --' day of A, - -1am A.D.,
1994.
THE CITY OF SANFORD, FLORIDA
BY:
BTPYE 1 D. SMITH, MAYOR
GLENN M. McCALL