050-Tajiri Arts-Little Red SchoCOMMERCIAL LEASE
THIS LEASE AGREEMENT, made this day of 1 �-Vi.-1,�7,, A. D.
1996, by and between CITY OF SANFORD, hereinafter called 'LESSOR ",
and TAJIRI ARTS, INCORPORATED hereinafter called "LESSEE ".
W I T N E S S E T H:
(1) PREM 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 rents from Lessor the premises located at 519
Palmetto Ave, Sanford, Florida, together with the improvements
thereon. 4 e.
(2) TERM The term of this lease 4nd Lessee's obligation to
pay rent, shall commence on /M,4✓'c N / 1996 and shall end, unless
sooner terminated as hereinafter provided, at midnight on
)b � o 999. The Lessor or Lessee may within thirty days after
each twelve month lease anniversary date terminate this lease
without cause.
(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 ren of $1.00, plus
applicable sales tax, beginning AjWPis t 1996,* continuing on
the same day of each month thereafter during v term hereof.
(4) TAXES 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) MAINTENANC 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 time 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 or other 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 equipmen eplacements, and be respo'^_ble for the proper
upkeep of all on site vegetation, including mowing.
(7) MECHANIC'S LIENS Lessee shall not have nor shall
anyone claiming by, through, or under Lessee have the right to file
or place any mechanic's liens or other lien 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
consent, may, at its sole costs 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 will weaken the structure of the buildina. 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
will indemnify Lessor against all mechanic's 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. Lessor
shall apply for or join with Lessee in applying for all permits
necessary to promptly execute such consents as such authorities may
require in connection with the foregoing work. The lessee may at
their own expense install a security alarm system, which at lease
termination may be removed and possessed, by the lessee. The Lessee
shall repair all parts of the building that may have been damaged
by the installation /removal of said security alarm system.
(9) UTILITIES The Lessee shall pay for all utilities,
including water, gas, electricity, and sewerage, and also for trash
and garbage removal, as imposed by governmental authorities, and
shall pay for the cost of fuel for heating and the cost of power
and refrigerant for air conditioning.
(10) BANKRUPTCY OR INSOLVENCY If any time during the term of
this lease, or any extensions thereof, 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.
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(11) INSPECTION OF AND ACCESS TO PREMISES Lessor, its
agents and employees, shall have the right with a 24 hour notice,
between 9:00 am and 4:00 pm Monday thru Friday, to enter the
Demised Premises or any part thereof to inspect and examine same,
for purposes which may include but is not limited to the making of
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. No notice will be required for emergency
police /fire visits.
(12) INDEMNIFICATION OF LESSOR 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 attorney's 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
carried, 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 accident, and the amount of public liability
property damage insurance shall not be less than the sum of Fifty
Thousand Dollars ($50,000.00) per accident.
(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, not less than, ninety percent (90J) 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 United States 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 insured as their respective interests
may appear.
3
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(15) INSURAN , CLAIMS Lessee shall s .tle 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 approval of Lessor shall be had. 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
upon the 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
deductible. 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 If at any time or
times during the term of this lease, any building or improvements
on said premises or any part thereof are damages 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.
(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.
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(18) ASSIGNMi4T AND SUBLETTING Less._ shall not assign
this lease, or sublet the Demised Premises or any part thereof, or
permit the use of the Demised Premises by any party other than
Lessee. Consent given by Lessor to any assignment or sublease of
this lease shall not nullify this provision, and all subsequent
assignments or subleases shall be made only subject to the
obtaining.94 written consent of Lessor which shall not be
unreasonably, 'The assignee or sublessee of Lessee, at option of
Lessor, shall become directly liable to Lessor for all obligations
of Lessee hereunder, but no sublease or assignment by Lessee shall
relieve Lessee of any primary liability hereunder nor of its
obligations to comply promptly and faithfully with all of the terms
and conditions of this lease, unless the other party hereto shall
specifically agree in writing that such proposed assignment shall
so release the assigning party.
(19) CANC ELLATION OF LEASE BY LESSOR In the event Lessee
shall default in the payment of rent herein reserved within ten
(10) days of the due date, or ;.f Lessee shall default in performing
any of the other terms or provisions of this lease which are to be
performed by the Lessee, and fails to cure such other default
within thirty (30) days after the date of written notice from
Lessor of such default, then, in such event, Lessor, at its option,
may terminate this lease by written notice to the Lessee, whereupon
this lease shall end and terminate.
(20) 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, licensees, concessionaires, and assigns of such
parties. No rights, however, shall inure to the benefit of any
assignee of Lessee unless the assignment of such assignee has been
approved by Lessor in writing as hereinabove set forth.
(21) 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.
(22) 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.
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(23) RIGHTS . AULATIVE All rights, pc rs and privileges
available hereunder to the parties hereto are cumulative and are in
addition to the rights granted by law.
(24) SERVICE OF NOTICE AND ADDRESS OF THE PARTIES T h e
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:
14861 Faversham Cir
Orlando FL 32826
All notices to the Lessor shall be given to the Lessor at P.O.
Box 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.
(25) 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.
(26) 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.
(27) RECORDATION Lessor and Lessee agree not to place this
Lease of record.
100%..
(28) ENTIRE . .REEMENT This lease cone ns and embodies the
entire agreement of the parties hereto and no representations,
inducements or agreements, oral or otherwise, between the parties
not contained and embodied herein shall be of any force or effect,
and the same way not be modified, changed or terminated in whole or
in part orally or in any manner other than by an agreement in
writing duly signed by all of the parties hereto.
(29) 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.
(30) When Lease is terminated, Lessee shall not have to remove
any improvements made to the premises by Lessee which were
authorized and installed pursuant to this lease.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals in triplicate the day and year first above written.
Signed, Sealed and Delivered
in the Presence of Witnesses:
o
(Np to Lessor)
4 _
CITY AN Rb `.
BY:
BETTYEP ITH, Mayor
1 ;
s to Less e)
T TS
By. '
PATRICIA WHATLEY, Dir ctor
Patricia Whatley so affirms to be authorized, by Tajiri Arts
Incorporated, a not for profit Florida Corporation, to be vested
with the power to execute, for Tajiri Arts Inc, the above document.
State of Florida
County of Seminole
Sub cribed and sworn to (or affirmed) before me this 9fo
by 6rtcx,. 01 Witii4ie:_k , who is /are presonally known to me or has
/have produced - P1 7k CC'S 93_43- 6-7(cn as identification.
P�11AR> • v i ti�n: '- M MARIE ROBERT
Jr. - MY COM N CC27 EXPIRES
Ke Notary Public, Commin Much 23.1987
tiffi a a${ iro mmiNsaanaeM.
C ity of S ..f.,d, R,4d.
19 " JUN -9 P'9� -
P.O. Box 1788 • 32772 -1788 • (4o7)33o -56o4 • (4o7)33o -56o6 Fax
Certified MaiURRR
P567722538
June 8, 1998
Ms. Patricia Whatley
Owner/Director
TAJIRI ARTS, INC.
14867 Faversham Circle
Orlando, Florida 32826
Dear Ms. Whatley:
I am pleased to forward herewith the original Special Warranty Deed
for the property located at 519 Palmetto Avenue. I apologize for not
contacting you regarding the status of this matter.
Please contact me if you have any questions, or require additional
information.
Very truly yours,
V*r A� P.E.
City Manager
WAS /acd
Enclosure
cc: Community Development Director
City Clerk
(N 10CM)a:Vetter \Taj iri.Art
"The Friendly City"
MARYANNE MORS
CLERt CIRCU17,COURT
HMI,.iLE COUNTY..!. '
201903
RECORDEt'VERIFIED
1998 MAY 12 PM 1: 49
:o
Documerrtary Tax Pd. s C
$ Intangible Tax Pd. i
Maryanne Morsq, Clerk seminoie 10
Grantee' SSN: 6q- 3acPa070 I County By: p
,SPECIAL WARRANTY DEED
N
THIS DEED made and executed the /0 day of A.D.
1998, by CITY OF SANFORD, FLORIDA, a municipal corporation, existing
under the laws of the State of Florida of P.O. Box 300 North Park
Avenue, Sanford, FL 32771, hereinafter called the Grantor, to TAJIRI
INSTRUMENT PREPARED BY AND
RETURN TO:
William L. Colbert, Esq.
P.O. Box 4848
Sanford, FL 32772 -4848
Parcel #o?5- 1%•.0-5'X(-- 070 / -01Q0
ARTS INCORPORATED, a Florida non - profit corporation, of 519 Palmetto
Avenue, Sanford, FL 32771, hereinafter called the Grantee:
WITNESSETH: That Grantor, for and in consideration of the sum of
$10.00, and other good and valuable consideration to Grantor in hand
paid by Grantee, the receipt of which is hereby acknowledged, conveys
to Grantee and Grantee's heirs, executors, administrators, and assigns
forever the following described 'land situate in Seminole County,
Florida:
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Lots 12 through 16, Block 7, Tier 1, Town of Sanfords W
according to the plat thereof recorded in Plat Book 1, Pagp D
59, Public Records of Seminole County, Florida. MI.
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SUBJECT to covenants, restrictions, easements of record and;la;EV coo
for the current year. — „'<n
SUBJECT to the condition that the property shall be used for the
public purpose of providing a place for performing arts to the
residents of the community and that title shall remain in a
corporation not- for - profit. Should the property not be used for
the public purpose of providing a place for performing arts to the
residents of the community or, should the title not remain in the
name of a corporation not - for - profit, upon the happening of either
event, title to the property shall immediately revert and vest in
the City of Sanford,.Florida, a Florida municipal corporation.
And Grantor covenants with Grantee that, except as noted, at the
time of the delivery of this deed:
1. The premises are free from all encumbrances made by Grantor,
except as follows:
NONE
2. Grantor will warrant and defend against the lawful claims and
demands of all persons claiming by, through, or under Grantor, but
against none other.
1 '
IN WITNES'',S WHEREOF, the Grantor has caused these presents to be
executed the day and year first above written.
Signed, sealed and delivered
in the presence of: CITY OF
a F1ori
By:
L ry7. Dale, Mayor
X 00 N. Park Avenue
Sanford, FL 32771
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ATTEST: s phiY �V
By L J1YhtU7` / \'zGli... .�
J et R. Dougherty, City�l t�k
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized to 'administer oaths and take acknowledgments, personally
appeared LARRY A. DALE, Mayor of City of Sanford, Florida, to me knOWM J
to be the person described in and who executed the foregoing instrumemt ; o.
who acknowledged before me that he 'executed the same, and an oath�nraP xn
not taken. (Check one) Ur Said person is personally known to me o c C�'0
provided Florida Driver's License as identification. r r
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WITNESS my hand and officialiseal in the County and State 1�'as O
aforesaid this .194k day of Qpri1 1998. -n
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1,O
DIANE
Notary Public
a� r 6 COMMISSION # CC 655670 Print Name: Di o. 1e Cr
EXPIRES JUN 15, 2001
DOFF ATLANTIC BONDI T HRU ,wc. My Commission expires:,,k„mg 16, ZOO[
(Printed Name)
CL /r l4 -6,; ?ortl
(Printed Name)
ion
STATE OF FLORIDA
COUNTY OF SEMINOLE
F: \98 \3MF0RD \TAJIRI DEED:nah
2
RESOLUTION NO. 1785
A RESOLUTION OF THE CITY OF SANFORD, FLORIDA,
AUTHORIZING THE SALE AND CONVEYANCE OF PROPERTY
TO TAJIRI ARTS INCORPORATED, FOR THE PUBLIC PURPOSE
OF PROVIDING A PLACE FOP, PERFORMING ARTS TO THE
RESIDENTS OF THE COMMUNITY PROVIDING FOR A
REVERTER CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Tajiri Arts Incorporated proposes to provide a place for performing arts to the
residents of the community; and
WHEREAS, it is necessary that certain lands now owned by the City of Sanford, Florida,
be acquired by Tajiri Arts Incorporated; and
WHEREAS, said property is not needed for City purposes; and
WHEREAS, the Tajiri Arts Incorporated has made application of said City to execute and
deliver to the Tajiri Arts Incorporated a deed in favor of the Tajiri Arts Incorporated conveying all
rights, title and interest that said City has in and to said lands as follows:
Lots 12 through 16, Block 7, Tier 1,j Town of Sanford, according to
the plat thereof recorded in Plat Book 1, Page 59, Public Records
of Seminole County, Florida.
and said request having been duly considered.
NOW, THEREFORE, BE IT RESOLVED BY.THE PEOPLE OF THE CITY OF SANFORD,
FdK * T z1 e_
SECTION 1: That the application of the Tajiri Arts Incorporated for a deed is for the public
purpose of providing a place for performing arts to the residents of the community and the land
is not needed for City purposes; that a deed in favor the Tajiri Arts Incorporated conveying all
right, title and interest of the City of Sanford, Florida, in and to said lands should be drawn and
executed by the Mayor, on behalf of the City Commission. Subject to the condition that the
property shall be used for the public purpose •of, providing a place for performing arts to the
residents of the community and that title shall remain in a corporation not - for - profit. Should the
property not be used for the public purpose of providing a place for performing arts to the
residents of the community or should the title not remain in the name of a corporation not -for-
profit, upon the happening of either event, title to the property shall immediately revert and vest
in the City of Sanford, Florida, a Florida municipal corporation.
SECTION 2: That this Resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED this
,� da y of / A. D., 1998.
MAIKOR
i
ATTEST:
.�
VFY CLERK
taWsanfordVesVajid conveymah
m
\ en .
Resolution No, 1785
City of Sanford, Florida
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COMMERCIAL LEASE
THIS LEASE AGREEMENT made this day of A.D. 1996,
`by
and between the CITY OF SANFORDr hereinafter call "LESSO ", and TAJIRI ARTS,
INCORPORATED hereinafter called "LESSEE ".
WITNESSETH
(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 rents from Lessor the premises located at 519 Palmetto Ave.,
Sanford, Florida, together with the improvements thereon.
(2) TERM The term of this lease, and Lessee's obligation to pay rent, shall commence
on March 1, 1996, and shall end, unless sooner terminated as hereinafter provided, at midnight
on February 28, 2001. The Lessor or Lessee may within thirty days after each twelve month
lease anniversary date terminate this lease without cause. Tenant has an option to extend the
Lease for an additional five (5) year term, provided the term of the extension, including but not
limited to, the rental amount and the insurance coverage, and agreed to between Lessor and
Lessee herein.
(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 $1.00, plus applicable sales tax,
beginning March 1, 1996, and continuing on the same day of each month thereafter during the
term hereof.
(4) TAXES 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 or
improper purpose and shall at all times comply with the laws and rules of the applicable
governmental bodies and fire inspection and rating bureaus now or hereafter made now or
hereafter made relating to the use of said premises, including sidewalks, alleys, and streets
adjoining. Lessee shall not make any use of the premises which shall be liable to endanger or
affect any insurance on said building or to increase the premium thereof.
(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, sublessees, or by persons coming on the property at the express or implied invitation of
the Lessee, and Lessee shall at all times during the terms of this lease have the express
obligation to make repairs to keep the buildings and improvements on the premises, both exterior
and interior, structural and otherwise, including all fixtures and equipment, appurtenances,
machinery therein, and all glass, including but not limited to plate glass window panes, in good
repair, ordinary wear and tear only excepted, and shall make all repairs and improvements, both
DATE ��t
ITEM
2
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 or other 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, and be responsible for the proper upkeep of all on site vegetation, including
mowing. Lessee shall keep the plumbing work, closets, pipes and fixtures belonging thereto in
good repair, and keep the water pipes and connections free from obstructions to the satisfaction
of the governmental authorities. Likewise, it shall be the obligation of the Lessee to keep and
maintain in good repair, the sidewalks, driveways and curbs, if any, adjoining the demised
premises, or forming a part thereof. Lessee shall at all times keep and maintain the buildings,
fixtures, and equipment in such condition as to minimize, so far as is practicable, by usual care
and repairs, the effects of use, decay, injury and destruction of said property. Lessee, so long
as he shall remain in possession of the demised premises, shall keep and maintain all portions
of the premises, the improvements thereon, the appurtenances, machinery, equipment, and
fixtures therein, in such condition as to prevent any loss, damage or injury to the persons,
property, businesses, business or occupations of any other persons permitted by Lessee to be in
or about the leased premises; owners, occupants and invitees of adjoining premises; and persons
upon the adjacent portions of the street in front and the alley in rear of the Demised premises.
At the termination of this lease, Lessee shall deliver up the Demised Premises in as good
condition as at the beginning of the term, natural deterioration only excepted.
('n MECHANIC'S LIENS Lessee shall not have nor shall anyone claiming by, through,
or under Lessee have the right to file or place any mechanic's liens or other lien 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. Should any such lien be created or filed, Lessee, at its own
cost or expense, shall liquidate and discharge the same in full within ten (10) days after the filing
thereof, and should Lessee fail to discharge the same, that shall constitute a breach of Lessee's
covenant herein.
(8) ADDITIONS AND ALTERATIONS Lessee, with Lessor's 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 will 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 will indemnify Lessor against all mechanic's or
other liens arising out of any such work, and also against any claims for damages or out of any
such work, and also against any claims for damages or injury which may occur during the
course of any such work. Lessor shall apply for or join with Lessee in applying for all permits
necessary to promptly execute such consents as such authorities may require in connection with
the foregoing work. The Lessee may, at its own expense, install a security alarm system, which
at lease termination may be removed and possessed, by the Lessee. The Lessee shall repair all
N
9
parts of the building that may have been damaged by the installation /removal of said security
alarm system.
(9) LESSEE TO YIELD UP PREMISES That at the expiration of the said term, the
Lessee will peaceably yield up to the Lessor the premises and all erections, additions and
alterations made upon the same, in good repair in all respects, reasonable use and wear and
damage excepted, as the same now or may be put in by the Lessee. Other than the security
system, all facility improvements made by Lessee become the property of the Lessee at the end
of the lease term as it may be extended.
(10) UTILITIES The Lessee shall promptly pay for all utilities, including water, gas,
electricity, and sewerage, and also for trash and garbage removal, as imposed by governmental
authorities, and shall pay for the cost of fuel for heating and the cost of power and refrigerant
for air conditioning.
(11) BANKRUPTCY OR INSOLVENCY If any time during the term of this lease, or
any extensions thereof, 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 State 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 is 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.
(12) INSPECTION OF AND ACCESS TO PREMISES Lessor, its agents and
employees, shall have the right with a 24 hour notice, between 9:00 a.m. and 4:00 p.m. Monday
through Friday, to enter the Demised Premises or any part thereof to inspect and examine same,
for purposes which may include, but is not limited to, the making of any repairs to or within the
Demised Premises maintain the Demised Premises: No notice will be required for emergency
police /fire visits. The Lessee agrees that Lessor may place a sign in front of the building that
the premises are for lease or sale ninety (90) days before the end of the Lease term.
(13) INDEMNIFICATION OF LESSOR 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. Lessee
shall hold Lessor harmless for a judgment, claim or penalty, and expenses and costs including
attorney's 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 by Lessee or
3
x.
n.
by persons coming on the demised premises at the express or implied invitation of the Lessee,
in connection with loss of life, personal injury and/or damage to property except for damages,
losses, judgments, claims, or levies resulting solely from the acts of Lessor, its agents or
employees, in conjunction with this lease or use of the Demised Premises.
(14) 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 carried 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, shall name the Lessor as an additional insured, and the amount of liability insurance
shall not be less than the sum of One Hundred Thousand Dollars ($100,000.00) per person and
Five Hundred Thousand Dollars ($500,000.00) per accident, and the amount of public liability
property damage insurance shall not be less than the sum of Fifty Thousand Dollars ($50,000.00)
per accident.
(15) 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, not less than, ninety percent (90 %) 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 United States 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.
(16) 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 approval of Lessor shall be had. 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 upon the 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 deductible. 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.
0
Y.
�. ^.
(17) DAMAGE OR DESTRUCTION BY FIRE 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 canceling 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.
(18) 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.
(19) ASSIGNMENT AND SUBLETTING Lessee shall not assign this lease, or
sublet the Demised Premises or any part thereof, or permit the use of the Demised Premises by
any party other than Lessee. Consent given by Lessor to any assignment or sublease of this
lease shall not nullify this provision, and all subsequent assignments or subleases shall be made
only subject to the obtaining of the prior written consent of Lessor which shall not be
unreasonably withheld. The assignee or sublessee of Lessee, at option of Lessor, shall become
directly liable to Lessor for all obligations of Lessee hereunder, but no sublease or assignment
by Lessee shall relieve Lessee of any primary liability hereunder nor of its obligations to comply
promptly and faithfully with all of the terms and conditions of this lease, unless the other party
hereto shall specifically agree in writing that such proposed assignment shall so release the
assigning party.
(20) CANCELLATION OF LEASE BY LESSOR In the event Lessee shall default
in the payment of rent herein reserved within ten (10) days of the due date, or if Lessee shall
default in performing any of the other terms or provisions of this lease which are to be
performed by the Lessee, and fails to cure other default within thirty (30) days after the date of
written notice from Lessor or such default, then, in such event, Lessor, at its option, may
terminate this lease by written notice to the Lessee, whereupon this lease shall end and
terminate.
(21) 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, licensees, concessionaires, and assigns of such parties. No rights, however, shall
inure to the benefit of any assignee of Lessee unless the assignment of such assignee has been
approved by Lessor in writing as hereinabove set forth.
(22) 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
5
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 without being deemed guilty of any manner of
trespass and without prejudice to any remedies, and other notice or demand being hereby
waived.
(23) VENUE AND ATTORNEYS' FEES 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 fees incurred for appeals.
(24) RIGHTS CUMULATIVE All rights, powers and privileges available hereunder
to the parties hereto are cumulative and are in addition to the rights granted by law.
(25) 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 service
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 on 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:
14861 Faversham Cit.
Orlando, FL 32826
All notices to the Lessor shall be given to the Lessor at P.O. Box 1788, Sanford, FL
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.
(26) 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
contained shall be construed as a waiver of any subsequent breach of the same or any other
covenant herein contained.
(27) CAPTIONS Paragraph captions or marginal notices 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.
(28) RECORDATION Lessor and Lessee agree not to place this Lease of record.
(29) 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.
(30) 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.
(31) REMOVAL OF IMPROVEMENTS When lease is terminated, Lessee shall not
have to remove any improvements made to the premises by Lessee which were authorized and
installed pursuant to this lease except as specified in Section 9.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals in
triplicate the day and year first above written.
Signed, Sealed and Delivered - CITY OF SANFORD, FLORIDA
in the Presence of Witnesses:
By.
(As to Lessor)
(As to Lessee)
Patricia Whatley so affirms to be authorized and vested, by Tajiri Arts Incorporation, a not for
profit Florida corporation, with the power to execute, for Tajiri Arts, Inc., the above document.
7
n>
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
Subscribed and sworn to (or affirmed) before me this3rd day of JMucaq , 1947
by Patricia M. Whatley, who is personally known to me or has produced
FL Dr's Limnw-
tkW 34D - 143. 4 3 -1 Ito - 0 as identification.
c �
Name Jam. ioy.2 Crews
Notary Public, State of Florida
(Seal)
1 %er PUB
y 0 ` � ' 4e ,
DIANE CREWS
• Y
My Commission OC274616
•
Expires Apr 08, 1997
• '
Bonded By ANB
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800 -852 -5878
Fl�Q\O!
r L - 050
COMMERCIAL LEASE
THIS LEASE AGREEMENT, made thisr day of A.D. 1996, by
and between the CITY OF SANFORD, hereinafter calledrLESSOR"Lfand TAJIRI ARTS,
INCORPORATED hereinafter called "LESSEE ".
WITNESSETH
(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 rents from Lessor the premises located at 519 Palmetto Ave.,
Sanford, Florida, together with the improvements thereon.
(2) TERM The term of this lease, and Lessee's obligation to pay rent, shall commence
on March 1, 1996, and shall end, unless sooner terminated as hereinafter provided, at midnight
on February 28, 2001. The Lessor or Lessee may within thirty days after each twelve month
lease anniversary date terminate this lease without cause. Tenant has an option to extend the
Lease for an additional five (5) year term, provided the term of the extension, including but not
limited to, the rental amount and the insurance coverage, and agreed to between Lessor and
Lessee herein.
(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 $1.00, plus applicable sales tax,
beginning March 1, 1996, and continuing on the same day of each month thereafter during the
term hereof.
(4) TAXES 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 or
improper purpose and shall at all times comply with the laws and rules of the applicable
governmental bodies and fire inspection and rating bureaus now or hereafter made now or
hereafter made relating to the use of said premises, including sidewalks, alleys, and streets
adjoining. Lessee shall not make any use of the premises which shall be liable to endanger or
affect any insurance on said building or to increase the premium thereof.
(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, sublessees, or by persons coming on the property at the express or implied invitation of
the Lessee, and Lessee shall at all times during the terms of this lease have the express
obligation to make repairs to keep the buildings and improvements on the premises, both exterior
and interior, structural and otherwise, including all fixtures and equipment, appurtenances,
machinery therein, and all glass, including but not limited to plate glass window panes, in good
repair, ordinary wear and tear only excepted, and shall make all repairs and improvements, both
DATE ���
UEM
-,,
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 or other 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, and be responsible for the proper upkeep of all on site vegetation, including
mowing. Lessee shall keep the plumbing work, closets, pipes and fixtures belonging thereto in
good repair, and keep the water pipes and connections free from obstructions to the satisfaction
of the governmental authorities. Likewise, it shall be the obligation of the Lessee to keep and
maintain in good repair, the sidewalks, driveways and curbs, if any, adjoining the demised
premises, or forming a part thereof. Lessee shall at all times keep and maintain the buildings,
fixtures, and equipment in such condition as to minimize, so far as is practicable, by usual care
and repairs, the effects of use, decay, injury and destruction of said property. Lessee, so long
as he shall remain in possession of the demised premises, shall keep and maintain all portions
of the premises, the improvements thereon, the appurtenances, machinery, equipment, and
fixtures therein, in such condition as to prevent any loss, damage or injury to the persons,
property, businesses, business or occupations of any other persons permitted by Lessee to be in
or about the leased premises; owners, occupants and invitees of adjoining premises; and persons
upon the adjacent portions of the street in front and the alley in rear of the Demised premises.
At the termination of this lease, Lessee shall deliver up the Demised Premises in as good
condition as at the beginning of the term, natural deterioration only excepted.
(7) MECHANIC'S LIENS Lessee shall not have nor shall anyone claiming by, through,
or under Lessee have the right to file or place any mechanic's liens or other lien 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. Should any such lien be created or filed, Lessee, at its own
cost or expense, shall liquidate and discharge the same in full within ten (10) days after the filing
thereof, and should Lessee fail to discharge the same, that shall constitute a breach of Lessee's
covenant herein.
(8) ADDITIONS AND ALTERATIONS Lessee, with Lessor's 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 will 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 will indemnify Lessor against all mechanic's or
other liens arising out of any such work, and also against any claims for damages or out of any
such work, and also against any claims for damages or injury which may occur during the
course of any such work. Lessor shall apply for or join with Lessee in applying for all permits
necessary to promptly execute such consents as such authorities may require in connection with
the foregoing work. The Lessee may, at its own expense, install a security alarm system, which
at lease termination may be removed and possessed, by the Lessee. The Lessee shall repair all
2
parts of the building that may have been damaged by the installation /removal of said security
alarm system.
(9) LESSEE TO YIELD UP PREMISES That at the expiration of the said term, the
Lessee will peaceably yield up to the Lessor the premises and all erections, additions and
alterations made upon the same, in good repair in all respects, reasonable use and wear and
damage excepted, as the same now or may be put in by the Lessee. Other than the security
system, all facility improvements made by Lessee become the property of the Lessee at the end
of the lease term as it may be extended.
(10) UTILITIES The Lessee shall promptly pay for all utilities, including water, gas,
electricity, and sewerage, and also for trash and garbage removal, as imposed by governmental
authorities, and shall pay for the cost of fuel for heating and the cost of power and refrigerant
for air conditioning.
(11) BANKRUPTCY OR INSOLVENCY If any time during the term of this lease, or
any extensions thereof, 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 State 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 is 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 including damages resulting from the breach of the terms of this
lease by the Lessee.
(12) INSPECTION OF AND ACCESS TO PREMISES Lessor, its agents and
employees, shall have the right with a 24 hour notice, between 9:00 a.m. and 4:00 p.m. Monday
through Friday, to enter the Demised Premises or any part thereof to inspect and examine same,
for purposes which may include, but is not limited to, the making of any repairs to or within the
Demised Premises maintain the Demised Premises. No notice will be required for emergency
police /fire visits. The Lessee agrees that Lessor may place a sign in front of the building that
the premises are for lease or sale ninety (90) days before the end of the Lease term.
(13) INDEMNIFICATION OF LESSOR 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. Lessee
shall hold Lessor harmless for a judgment, claim or penalty, and expenses and costs including
attorney's 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 by Lessee or
3
by persons coming on the demised premises at the express or implied invitation of the Lessee,
in connection with loss of life, personal injury and /or damage to property except for damages,
losses, judgments, claims, or levies resulting solely from the acts of Lessor, its agents or
employees, in conjunction with this lease or use of the Demised Premises.
(14) 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 carried 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, shall name the Lessor as an additional insured, and the amount of liability insurance
shall not be less than the sum of One Hundred Thousand Dollars ($100,000.00) per person and
Five Hundred Thousand Dollars ($500,000.00) per accident, and the amount of public liability
property damage insurance shall not be less than the sum of Fifty Thousand Dollars ($50,000.00)
per accident.
(15) 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, not less than, ninety percent (90 %) 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 United States 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.
(16) 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 approval of Lessor shall be had. 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 upon the 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 deductible. 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.
H
(17) DAMAGE OR DESTRUCTION BY FIRE 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 canceling 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.
(18) 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.
(19) ASSIGNMENT AND SUBLETTING Lessee shall not assign this lease, or
sublet the Demised Premises or any part thereof, or permit the use of the Demised Premises by
any party other than Lessee. Consent given by Lessor to any assignment or sublease of this
lease shall not nullify this provision, and all subsequent assignments or subleases shall be made
only subject to the obtaining of the prior written consent of Lessor which shall not be
unreasonably withheld. The assignee or sublessee of Lessee, at option of Lessor, shall become
directly liable to Lessor for all obligations of Lessee hereunder, but no sublease or assignment
by Lessee shall relieve Lessee of any primary liability hereunder nor of its obligations to comply
promptly and faithfully with all of the terms and conditions of this lease, unless the other party
hereto shall specifically agree in writing that such proposed assignment shall so release the
assigning party.
(20) CANCELLATION OF LEASE BY LESSOR In the event Lessee shall default
in the payment of rent herein reserved within ten (10) days of the due date, or if Lessee shall
default in performing any of the other terms or provisions of this lease which are to be
performed by the Lessee, and fails to cure other default within thirty (30) days after the date of
written notice from Lessor or such default, then, in such event, Lessor, at its option, may
terminate this lease by written notice to the Lessee, whereupon this lease shall end and
terminate.
(21) 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, licensees, concessionaires, and assigns of such parties. No rights, however, shall
inure to the benefit of any assignee of Lessee unless the assignment of such assignee has been
approved by Lessor in writing as hereinabove set forth.
(22) 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
0
,0-,,
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 without being deemed guilty of any manner of
trespass and without prejudice to any remedies, and other notice or demand being hereby
waived.
(23) VENUE AND ATTORNEYS' FEES 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 fees incurred for appeals.
(24) RIGHTS CUMULATIVE All rights, powers and privileges available hereunder
to the parties hereto are cumulative and are in addition to the rights granted by law.
(25) 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 service
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 on 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:
14861 Faversham Cir.
Orlando, FL 32826
All notices to the Lessor shall be given to the Lessor at P.O. Box 1788, Sanford, FL
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.
(26) 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
contained shall be construed as a waiver of any subsequent breach of the same or any other
covenant herein contained.
li
rte, 041%.
(27) CAPTIONS Paragraph captions or marginal notices 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.
(28) RECORDATION Lessor and Lessee agree not to place this Lease of record.
(29) 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.
(30) 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.
(31) REMOVAL OF IMPROVEMENTS. When lease is terminated, Lessee shall not
have to remove any improvements made to the premises by Lessee which were authorized and
installed pursuant to this lease except as specified in Section 9.
IN WITNESS WHEREOF, the parties
triplicate the day and year first above written
Signed, Sealed and Delivered
in the Presence of Witnesses:
(As to Lessor)
(As to Lessee)
hereto have hereunto set their hands and seals in
CITY OF SANFORD. FLORIDA
Patricia Whatley so affirms to be authorized and vested, by Tajiri Arts Incorporation, a not for
profit Florida corporation, with the power to execute, for Tajiri Arts, Inc., the above document.
7
r0�
STATE OF FLORIDA
COUNTY OFSEMINOLE
Subscribed and sworn to (or affirmed) before me this 3rd day of .-lDMA&ru , 1491
by Patricia M. Whatley, who is personally known to me or has r produced
FL D s i_i mns2
'#W3'w - (.43 - 43- loft.- O as identification.
Name: - Dia.,e Crews
Notary Public, State of Florida
@� 'e
i— ss
DIANE CREWS ( S ea l)
My commissionC 278618
Expires Apr 061997
.
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Bonded 9y ANS
FIOQ`O`'
800.852.5878
*50
COMMERCIAL LEASE r'•>
9
THIS LEASE AGREEMENT, made this day o A. D.
1 96, by and between CITY OF SANFORD, hereinafter called " SSOR ",
and TAJIRI ARTS, INCORPORATED 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 rents from Lessor the premises located at 519
Palmetto Ave, Sanford, Florida, together with the improvements
thereon.
(2) TERM The term c
pay rent, shall commence
sooner terminated as
[S4Qe44t 81999. The Lessc
each twelve month lease
without cause.
� 4%
if this lease, and Lessee's obligation to
on Ah?a/ 1 ,1996 and shall end, unless
hereinafter provided, at midnight on
)r or Lessee may thirty days after
anniversary date terminate this lease
(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 re; of $1.00, plus
applicable sales tax, beginning ,ti4Xcrt / ,199 nd continuing on
the same day of each month thereafter during th rm hereof.
(4) TAXES 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) MAINTENANC 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 time 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 or other 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 equipmen` and be respol�tble for the proper
upkeep of all on site vegetation, including mowing.
(7) MECHANIC'S LIENS Lessee shall not have nor shall
anyone claiming by, through, or under Lessee have the right to file
or place any mechanic's liens or other lien 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
consent, may, at its sole costs 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 will weaken the structure of the buildina. 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
will indemnify Lessor against all mechanic's 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. Lessor
shall apply for or join with Lessee in applying for all permits
necessary to promptly execute such consents as such authorities may
require in connection with the foregoing work. The lessee may at
their own expense install a security alarm system, which at lease
termination may be removed and possessed, by the lessee. The Lessee
shall repair all parts of the building that may have been damaged
by the installation /removal of said security alarm system.
(9) UTILITIES The Lessee shall pay for all utilities,
including water, gas, electricity, and sewerage, and also for trash
and garbage removal, as imposed by governmental authorities, and
shall pay for the cost of fuel for heating and the cost of power
and refrigerant for air conditioning.
(10) BANKRUPTCY OR INSOLVENCY If any time during the term of
this lease, or any extensions thereof, 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.
2
(11) INSPECTION OF AND ACCESS TO PREMISES Lessor, its
agents and employees, shall have the right with a 24 hour notice,
between 9:00 am and 4:00 pm Monday thru Friday, to enter the
Demised Premises or any part thereof to inspect and examine same,
for purposes which may include but is not limited to the making of
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. No notice will be required for emergency
police /fire visits.
(12) INDEMNIFICATION OF LESSOR 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 attorney's 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
carried, 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 accident, and the amount of public liability
property damage insurance shall not be less than the sum of Fifty
Thousand Dollars ($50,000.00) per accident.
(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, not less than, ninety percent (901 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 United States 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 insured as their respective interests
may appear.
3
(15) INSURAN _ CLAIMS Lessee shall s tle 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 approval of Lessor shall be had. 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
upon the 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
deductible. 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 If at any time or
times during the term of this lease, any building or improvements
on said premises or any part thereof are damages 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.
(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.
0
(18) ASSIGNN,_. +T AND SUBLETTING Less., shall not assign
this lease, or sublet the Demised Premises or any part thereof, or
permit the use of the Demised Premises by any party other than
Lessee. Consent given by Lessor to any assignment or sublease of
this lease shall not nullify this provision, and all subsequent
assignments or subleases shall be made only subject to the
obtaining prior written consent of Lessor which shall not be
unreasona'b y ' The assignee or sublessee of Lessee, at option of
Lessor, shall become directly liable to Lessor for all obligations
of Lessee hereunder, but no sublease or assignment by Lessee shall
relieve Lessee of any primary liability hereunder nor of its
obligations to comply promptly and faithfully with all of the terms
and conditions of this lease, unless the other party hereto shall
specifically agree in writing that such proposed assignment shall
so release the assigning party.
(19) CANC ELLATION OF LEASE BY LESSOR In the event Lessee
shall default in the payment of rent herein reserved within ten
(10) days of the due date, or if Lessee shall default in performing
any of the other terms or provisions of this lease which are to be
performed by the Lessee, and fails to cure such other default
within thirty (30) days after the date of written notice from
Lessor of such default, then, in such event, Lessor, at its option,
may terminate this lease by written notice to the Lessee, whereupon
this lease shall end and terminate.
(20) 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, licensees, concessionaires, and assigns of such
parties. No rights, however, shall inure to the benefit of any
assignee of Lessee unless the assignment of such assignee has been
approved by Lessor in writing as hereinabove set forth.
(21) 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.
(22) 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.
(23) RIGHTS .,MULATIVE All rights, pc, ars and privileges
available hereunder to the parties hereto are cumulative and are in
addition to the rights granted by law.
(24) SERVICE OF NOTICE AND ADDRESS OF THE PARTIES T h e
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:
14861 Faversham Cir
Orlando FL 32826
All notices to the Lessor shall be given to the Lessor at P.O.
Box 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.
(25) 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.
(26) 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.
(27) RECORDATION Lessor and Lessee agree not to place this
Lease of record.
(28) ENTIRE ..;REEMENT This lease cont ns and embodies the
entire agreement of the parties hereto and no representations,
inducements or agreements, oral or otherwise, between the parties
not contained and embodied herein shall be of any force or effect,
and the same way not be modified, changed or terminated in whole or
in part orally or in any manner other than by an agreement in
writing duly signed by all of the parties hereto.
(29) 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.
(30) When Lease is terminated, Lessee shall not have to remove
any improvements made to the premises by Lessee which were
authorized and installed pursuant to this lease.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals in triplicate the day and year first above written.
Signed, Sealed and Delivered
in the Presence of Witnesses:
e.
(A to Lessor)
`I I - -
/I �� rrii� /�.,II�
C ks
t o - --
CITY BJFySIpFO J
BETViElAMITH, Mayor
T RTS
By. j.
PATRICIA WHATLEY, Dir for
Patricia Whatley so affirms to be authorized, by Tajiri Arts
Incorporated, a not for profit Florida Corporation, to be vested
with the power to execute, for Tajiri Arts Inc, the above document.
State of Florida
County of Seminole
Su cribed and sworn to (or affirmed) before me this 9
by l who is /are presonally known to me or has
/have produced - 1112_. - Ula tag3_4 -6 as identification.
MNI MARIE ROBEM
_. MY COMMISM N OC271151 EXPIRES
Notary Public, Com `'n �.1� MO23.1997
,� YW1pi6
a t (1 r-,- x (rte cE Nt%y tpd, pmtat cr sba�
7
A /CIII:11, CERTIFICA.E OF INSURANCE DATEIMMDDYn
__ "2:28/95
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MarshaLL Entertainment Ins Inc 89111 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
5� 12 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2000 Universal Studios Plaza S ' '! ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 625 ^ 1 9c3� COMPANIES AFFORDING COVERAGE
Orlando, FL 32819— JpN J COMPANY
(407) 363 - 1537
-F'I. ,. as A Essex Insurance Compan
INSURED
Tajiri Arts, Inc.
519 Pa Lmetto Ave.
v* COMPANY
n - B
t.. ✓0.�LUD COMPANY
C
Sanford FL 32771 —
COMPANY
(407) 384 6642
D
CGYIE[iAiS .::
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR.
TYPE OF INSURANCE
. -. _.
POLICYNUMBER_ _
- _'.
POUCYEFFECTWE
DATE (MM /DD/'/Y) ..
POUCVEXPIRATION
DATE (MM7001M
..
._.__LIMITS --
A
GENERAL
LIABILITY
GENERAL AGGREGATE
$500,000
X
PRODUCTS - COMP /OPAGG
$included
COMMERCIAL GENERAL LIABILITY
3AK 9154- (94)036
12/28/95
12/28/96
CLAIMS MADE XX OCCUR
PERSONAL &ADV INJURY
$500,000
EACH OCCURRENCE
$500,000
OWNER'S &CONTRACTOR'S PROT
FIRE DAMAGE (Any one fire)
$ 50,000
MED EXP (Any one person)
$ excluded
AUTOMOBILE
LIABILITY
ANYAUTO
COMBINED SINGLE LIMIT
$
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULEDAUTOS
HIRED AUTOS
NON -OWNEDAUTOS
SURPLUS LINES AGM.
LIC.#009.30- 8580-05
1150 S. SEMOR BLVD.,
ORLAN
PROD.A T
~
BODILY INJURY
(PeraccidenD
$
RSUAM TO THE
PROPERTY DAMAGE
$
CITY
THE I URANCE IS ISSUED
GARAGE
LIABILITY
SURED BY SURPLUS LINES C
BRIERS DO NOT
AUTO ONLY - EA ACCIDENT
$
ANYAUTO
HAVE THE PROTECTION OF
SURAN ^.E GUARANTY ACTT
ANY '�dG11T OF RECOVERY F
NOFANINSOLV ENT UNLICE
HE FLORIDA IN-
T H E E kTENT OF
R THE OBLIGA-
SEDINEURER.
/ /
OTHER THAN AUTO ONLY
EACH ACCIDENT
$
AGGREGATE
$
EXCESS
LIABILITY
UMBRELLA FORM
FILED .
/ %
EACH OCCURRENCE
$
AGGREGATE
$
$
OTHER THAN UMBRELLA FORM
- - - - - --
WORKERS COMPENSATION AND
77 STATUTORY LIMITS
EACH ACCIDENT
$
EMPLOYERS' LIABILITY
DISEASE - POLICY UMIT
$
THE PROPRIETOR/ INCL
PARTNERS /EXECUTIVE
OFFICERS ARE: IXCL
DISEASE - EACH EMPLOYEE
$
A
OTHER
Office contents
95294MEI
12/28/95
12/28/96
Property 5,000
deductible 500
Re L. incl.
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS
The Certificate Holder is named
Additional Insured.
City Of Sanford
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Po Box 2847
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
300 N Park Ave.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Sanford FL 32772
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
�H RED REP iLES TIVE
ClAr1 TAritit NUNS_
C ERK OF CIRCUIT CO!:
,1 THIS INSTRUMENT PREPARED BY
D v -- lkfiB•RC -
Ned N. Julian, Jr., Esquire
Seminole County Public Schools
Post Office Box 1538
Sanford, Florida 32772 -1538
(407) 3224252 Ext 281
733624
$ENINOLE COUN V'. FL
REf.( ED ?: VERIFIr
95 flUG -4 AH 11:00
FEE SIMPLE DEED
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M IZZI
THIS FEE SIMPLE DEED made and executed theA ;5j> day of July, 1995 by THE SCHOOL BOARD OFF SEMINOLE
COUNTY, FLORIDA, formerly known as The Board of Public Instruction of Seminole County, Y corpo
pursuant to §230.21, Florida Statutes, 1211 Melionville Avenue, Sanford, Florida 32771, hereinafter called the Grantor, to
CITY OF SANFORD, FLORIDA a municipal corporation, whose street address is 300 North Park Avenue, Sanford,
Florida 32771, hereinafter called the Grantee:
WITNESSETH: That the said grantor, for and in consideration of the sum of $1.00 and other valuable
consideration, receipt of which is hereby acknowledged, by these presents does gran, bargain, sell, alien, remise, release,
convey and confirm to the Grantee all that certain land situate in Seminole County, State of Florida, viz
Lots 12 through 16, Block 7, Tier 1, Town of Sanford, according to the plat thereof
recorded in Plat Book 1, Page 59, of the Public Records of Seminole County, Florida
_and having a common street address of 519 Palmetto Avenue, Sanford, Florida
32771
TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging to or in anywise
TO HAVE AND TO HOLD, the same together in fee simple forever.
AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple and that it
as good right and lawful authority to sell and convey said land.
r IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its proper
°bfryoers thereunto duly authorized, the day and year first above written.
'ATTEST:
Paul J. Hagerty, Suped ndeTit
STATE OF FLORIDA
COUNTY OF SEMINOLE
THE SCHOOL BOARD^ SEMINOLE COUNTY,
FLP
By.
obinso , hairman
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take
acknowledgments, personally appeared Sandra Robinson and Paul J. Hagerty, the Chairman of The School Board of
Seminoid County, Florida and the Superintendent of Public Schools for Seminole County, Florida respectively, and that
they severally acknowledged executing the same on behalf of The School Board of Seminole County, Florida, freely and
voluntarily, under authority duly vested in them by The School Board of Seminole County, Florida, each to me personally
known, and that an oath was not taken.
WITNESS my hand and official seal in the County and State I t aforesaid this .Z Sday of July, 1995.
C
wry ublic
Print Name: e Q -- C. Vj
My Commission expi 7 1994
•" " "rih:
JOAN C. WALKER
Q_•":=
MY COMMISSION i CC 21 W.53
EXPi9ES: Au2W 7, 19%
60M d TI,N ft" Pubk UndcM crl