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053-Word For Right Now MinistrySUB -L E A S E THIS LEASE AGREEMENT, made this 1st day of May, A. D. 1997, by and between AMVETS POST #17, hereinafter called "LESSOR," and WORD FOR RIGHT NOW MINISTRIES, INC. /PRODUCTIVE INNERCITY EDUCATION, hereinafter called "SUBLESSEE." 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 SUBLESSEE to be observed and performed, the LESSOR leases to the SUBLESSEE and SUBLESSEE leases from LESSOR the premises located at 901 W. Seminole Boulevard, Sanford, Florida, together with the improvements thereon. This Lease does not include the gun range located at the south end of the facility. (2) TERM. The term of this Lease, and SUBLESSEE's obligation to pay rent, shall commence on May 1, 1997, and shall end, unless sooner terminated as hereinafter provided, at midnight on May 1, 1998. The days and times for the use of the Police Benevolent Association Building by the SUBLESSEE shall be as follows: Monday 6:00 P.M. to 8:00 P.M. Wednesday 7:00 P.M. to 9:00 P.M. Sunday 10:00 A.M. to 9:00 P.M. Subject to continuation of Lease between LESSOR and the City of Sanford (Owner) beyond May 1, 1998, this Lease Agreement may be extended /renegotiated for an additional period concurrent with the Lease between LESSOR and the Owner. Notice of Intent not to extend /renew shall be given no less than sixty (60) days before termination of the Lease term or any subsequent extension of the same. (3) RENT The SUBLESSEE 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 $150.00, payable in advance on the first day of each month plus applicable sales tax, beginning May 1, 1997, and continuing on the first day of each month thereafter during the term hereof. (4) USE SUBLESSEE 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. (5) MAINTENANCE THE SUBLESSEE 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 SUBLESSEE to accumulate thereon, or upon the sidewalks, alleys, or streets adjoining the same. All glass on demised premises is the sole risk of the SUBLESSEE 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 SUBLESSEE. THE SUBLESSEE shall make all equipment replacements. The SUBLESSEE shall also be responsible for grounds maintenance including mowing, in the shaded area as shown on Attachment #1. THE SUBLESSEE MUST CLEAN THE FACILITY AND STORE AWAY SPECIALITY ITEMS AFTER EACH DAY'S USE. (6) MECHANIC'S LIENS THE SUBLESSEE shall not allow any liens to be filed nor shall anyone claiming by, through, or under SUBLESSEE 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 SUBLESSEE 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. (7) ADDITIONS AND ALTERATIONS SUBLESSEE, with LESSOR's written 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 SUBLESSEE may deem necessary or desirable for its purposes. No such alterations or improvements shall be made that shall weaken the structure of the building. All work herein permitted shall be done and completed by SUBLESSEE in a good and workmanlike manner and in substantial compliance with all requirements of law and governmental rules and regulations. THE SUBLESSEE shall indemnify LESSOR against all mechanics or other liens arising out of any such work, and also against any claims for damages or injury which may occur during the course of any such work. THE LESSOR shall apply for or join with SUBLESSEE in applying for all permits necessary to promptly execute such consents as such authorities may require in connection with the foregoing work. (8) UTILITIES The SUBLESSEE shall pay to LESSOR three - sevenths (3/7) of utilities, including water, gas, electricity, and sewerage, and also for trash and garbage removal, as imposed by governmental authorities. THE LESSOR shall advise SUBLESSEE as bills are received. SUBLESSEE shall pay LESSOR within ten (10) calendar days. PBA Building Sub -Lease Dated May 1, 1997 - Page 2 ra 1"*N (9) BANKRUPTCY OR INSOLVENCY If at any time during the term of this Lease, or any extension thereof, a voluntary case is commenced by the SUBLESSEE, or an involuntary case is commenced with respect to the SUBLESSEE, 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 SUBLESSEE. 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 SUBLESSEE 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 SUBLESSEE's estate. However, the LESSOR shall be entitled to exercise all available rights and remedies and to recover from the SUBLESSEE all monies that may be due or become due, including damages resulting from the breach of the terms of this Lease by the SUBLESSEE. (10) INSPECTION OF AND ACCESS TO PREMISES LESSOR, its agents and employees, shall have the right, at all reasonable times, to enter the demised premises or any part thereof to inspect and examine the same and for the purpose of making any repairs to or within the demised premises which the LESSOR has agreed to make under the terms of this Lease, and /or which the LESSOR deems advisable to make in order to preserve and /or maintain the demised premises. The SUBLESSEE has exclusive use of the storage room located on the left side as you enter the front door. The LESSEE must designate to the SUBLESSEE equal storage space behind the counter and in the kitchen. Access to these spaces shall be limited to time, the SUBLESSEE utilizes the demised premises. (11) INDEMNIFICATION OF LESSOR THE SUBLESSEE shall pay to LESSOR all costs and expenses incurred in the enforcement of any of the provisions of this Lease, including reasonable attorney's fees. SUBLESSEE hereby agrees to fully hold Owner and LESSOR harmless and fully indemnify them 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 Owner or LESSOR or their agents or employees in conjunction with this Lease or use of the demised premises. PRA Building Sub -Lease Dated May 1, 1997 - Page 3 11_. 40-, (12) PUBLIC LIABILITY INSURANCE THE SUBLESSEE shall at all times during the term of this Lease, carry general liability, accident, and property damage insurance and such other insurance as shall be required for the protection of LESSOR and Owner as provided for in this paragraph. Such liability, accident, and property damage insurance shall be to protect LESSOR and Owner against any claims for injuries to a person or persons or property arising or growing out of the use of said premises by SUBLESSEE, and the amount of liability insurance shall not be less than the sum of One Hundred Thousand Dollars ($100,000.00) per person and Three Hundred Thousand Dollars ($300,000.00) per incident, and the amount of public liability property damage insurance shall not be less than the sum of Fifty Thousand Dollars ($50,000.00) per incident. LESSOR and Owner shall be listed as additional named insureds on an insurance certificate provided to both. (13) DAMAGE OR DESTRUCTION BY FIRE OR THE ELEMENTS OR CASUALTY If at any time or times during the term of this Lease, any building or improvements on said premises or any part thereof are damaged by fire or the elements or other casualty and if the premises are so badly damaged that they cannot be repaired and restored within sixty (60) days from the happening of such damage, then SUBLESSEE shall have the privilege of cancelling this Lease by giving written notice to LESSOR and to Owner within thirty (30) days after the happening of such damage. If SUBLESSEE shall not exercise its right as hereinabove granted to cancel and terminate, then and in such event, Owner shall repair and restore the premises with all reasonable speed, and the rent shall abate during the time Owner is making such repairs. If SUBLESSEE shall exercise its right as hereinabove granted to cancel and terminate, said insurance monies shall be paid and may be collected by Owner for its sole benefit. In case of damage exceeding 25 percent (25 %) of facility value, the Owner reserves the right to choose not to rebuild or repair. (14) NET RENT It is the purpose and intent of the LESSOR and SUBLESSEE that all costs, impositions, insurance premiums, carrying charges, expenses, levies, taxes and obligations as set forth herein, relating to the SUBLESSEE, 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 SUBLESSEE. (15) ASSIGNMENT AND SUBLETTING THE SUBLESSEE 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 SUBLESSEE. PBA Building Sub -Lease Dated May 1, 1997 - Page 4 r. (16) CANCELLATION OF LEASE BY LESSOR In the event SUBLESSEE shall default in the payment of rent herein required within ten (10) days of the due date, or if SUBLESSEE shall default in performing any of the other terms or provisions of this Lease which are to be performed by the SUBLESSEE, 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, with the Owner's final approval, may terminate this Lease by written notice to the SUBLESSEE, whereupon this Lease shall end and terminate. (17) SUCCESSORS All rights, obligations, and liabilities given to, or imposed upon the parties hereto shall extend to and bind the respective heirs, executors, administrators, successors, SUBLESSEES, licensers, concessionaires, and assigns of such parties. No rights, however, shall inure to the benefit of any assignee of SUBLESSEE unless the assignment of such assignees has been approved by both Owner and LESSOR, in writing, as hereinabove set forth. (18) DEFAULT In the event SUBLESSEE 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 SUBLESSEE under this Lease, or in the event that SUBLESSEE 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 to be hereby waived. (19) 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, SUBLESSEE shall be responsible for paying any reasonable attorneys' fees incurred with or without a lawsuit, including fees incurred for appeals. (20) CUMULATIVE RIGHTS All rights, powers and privileges available hereunder to the parties hereto are cumulative and are in addition to the rights granted by law. (21) SERVICE OF NOTICE AND ADDRESS OF THE PARTIES The SUBLESSEE herewith irrevocably agrees to appoint as its Agent the person in charge of the SUBLESSEE's business being then operated in the demised premises, to receive service of all notices hereunder, PBA Building Sub -Lease Dated May 1, 1997 - Page 5 r—, rte•. including dispossessory and /or distraint proceedings, and, if no person is then in charge of said SUBLESSEE'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 /Owner pursuant to the provisions contained in this lease shall also be mailed to the SUBLESSEE'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 SUBLESSEE is: 430 South Garfield Avenue DeLand, Florida 32724 The Owner's address is: Post Office Box 1788 Sanford, Florida 32772 -1788 All notices to the LESSOR shall be given to the LESSOR at Post Office Box 2192, Sanford, Florida 32772 -2192. 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. (22 WAIVER OF RIGHTS No failure of LESSOR or Owner to exercise from time to time any right or privilege granted LESSOR or Owner hereunder, or to obligations hereunder required of the SUBLESSEE, and no custom or practice of the parties at a 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 SUBLESSEE herein contained shall be construed as a waiver of any subsequent breach of the same or any other covenant herein contained. (23) 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. PBA Building Sub -Lease Dated May 1, 1997 - Page 6 (24) RECORDATION this Lease of record. ba LESSOR and SUBLESSEE agree not to place (25) 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. (26) QUIET ENJOYMENT So long as the SUBLESSEE pays the Rent and faithfully performs and observes all of the covenants and provisions hereof upon its part to be performed, SUBLESSEE 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. (27) When Lease is terminated, SUBLESSEE shall not have to remove any improvements made to the premises by SUBLESSEE 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 wrote. Signed, Sealed and Delivered In the Presence of Witnesses: By (As to LESSOR) AMV / ETS POST #17 WLAffiTER N. B! i e U r`er� S✓ (407) 322 -4777' �j ran WORD FOR RIGHT NOW MINISTRIES, INC. PRODUCTIVE INNERCITY EDUCATION By: c!Gi/d.fl.B'/✓ �a�edy� BISHOP DAVID GRANT, SR. (904) 738 -1449 PBA Building Sub -Lease Dated May 1, 1997 - Page 7 Grp (As to SUBLESSEE) �. (A to JOINDER) CITY OF / SA ' NFORD (Joinder) By: L Y A. DALE, Mayor PBA Building Sub -Lease Dated May 1, 1997 - Page 6a attachment #1 ?O», GROUNDS OF THE POLICE BENEVOLENT ASSOCIATION BUILDING / * UT / ILITY POLE DRIVEWAY I i� l P.B.A. BUILDING SEMINOLE BLVD. f f. . o. LESSEE WILL BE RESPONSIBLE FOR GROUNDS MAINTENANCE. INCLUDING MOWING. IN THE ABOVE SHADED AREA.