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005-Monroe Harbour- r-, ADDENDUM TO MARINA OPERATING FRANCHISE THIS ADDENDUM made and entered into as of �)Fth day of October, A.D. 1987, by and between CITY OF SANFORD, FLORIDA, a 4 municipal corporation, hereinafter called City, and MONROE HARBOUR, INC., a Florida corporation, hereinafter called Operator, which said terms shall include successors, legal representatives and assigns whenever the content hereof so requires or admits: W I T N E S S E T H: WHEREAS, on December 31, 1968, the parties entered into a Marina Operating ;Franchise and an Addendum thereto and the parties now desire to amend the Marina Operating Franchise to include omitted legal descriptions and in its regular meeting on August 10, 1987, the Sanford City Commission authorized the mayor to sign an amended Addendum to the existing Marina Operating Franchise and Addendum hereto. NOW, THEREFORE, for and in consideration of the premises as well as other good and valuable consideration the parties hereto do hereby agree that the legal description of the Marina Operating Franchise is hereby amended to read as follows: Blocks 4, 5, 6, and 7, SANFORD RIVERFRONT PROJECT, according to plat thereof recorded in Plat Book 14, page 88, Public Records of Seminole County, Florida, together with docks, wharves, piers, buildings, gasoline storage areas and other related facilites, WEST BASIN Begin at the Southwest corner of Lot 4, SANFORD RIVERFRONT PROJECT, according to the Plat thereof as recorded in Plat Book 14, Page 88, of the Public Records of Seminole County, Florida, thence run North along the West line of Lot 4, a distance of 424.83 feet, thence run N. 69 0 16 1 45 "W., 368.12 feet, thence run West 204.57 feet to the East face of a concrete bulkhead, thence run 5.00 °04 "W., along said East face, 40.00 feet, thence run 5.38 0 08 1 48 "W., along said East face 34.54 feet, thence run 5.00 1 10 1 16 "W., along said East face 271.61 feet, thence run 5.69 °16 "E., along the Northerly face of a concrete bulkhead 610.57 feet to the Point of Beginning. Containing 5.3161 acres, Signed, sealed and delivered in the presence of: EAST BASIN Begin at the Southeast corner of Lot 5, SANFORD RIVERFRONT PROJECT, according to the Plat thereof as recorded in Plat Book 14, Page 88, of the Public Records of Seminole County, Florida, run North along the West line of Lots 5 and 6, a distance of 453.40 feet, thence run East 1.00 foot, thence run N.25 0 54 1 32 "E., 17.86 feet, thence run North 40.54 feet to the Southwesterly corner of Lot 7, thence run East along the South line of said Lot 7, 144.09 feet, thence run S.69 0 16 1 45 11 E., along the South line of said Lots 7 and 8, 294.79 feet, thence -run N.20 1 43'15 "E., along the East line of said Lot 8, 190.00 feet, thence run 5.69 0 16 1 45 "E., 271.05 feet, thence run 5.20 0 43'15 "W., 104.05 feet to the North end of a concrete bulkhead, thence run South along the West face of said concrete bulkhead 656.46 feet, thence run N.70 0 17'40 "W., along the Northerly face of said concrete bulkhead 171.90 feet, thence run N.69 0 16 1 45 "W., along the Northerly face of said concrete bulkhead 588.91 feet to the Point of Beginning. Containing 10.3857 acres. CITY OF SANFORD, FLORIDA J AT*TE M MONORE� IN BY = Preside t`' STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY that on this day, personally appeared before me, the undersigned authority, BETTYE D. SMITH and H.N. Tamm, Jr., Mayor and Clerk, respectively, of the City of Sanford, Florida a municipal corporation, to me known to be the persons who executed the foregoing instrument as such officers and they severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein -2- mentioned, and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal at Sanford, Seminole County, Florida, on the 26th day of October, A.D. 1987. tary e a Public My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA NY COMMISSION EXP. NOV. 1,1988 BONDED T888 Gunk =&. M. (NOTARIAL SEAL) -3- October 26, 1987 Jose . E. Castro, Esquire 200 South Biscayne Boulevard Miami, Florida 33131 -2387 Re: Great Western /Lake Monroe Harbour, Inc Dear Mr. Castro: This will confirm that I am Betty Smith, Mayor, of the City of Sanford. In response to your letter of September 30, 1987, which has been reviewed by the City Attorney of the City I do hereby confirm by the due execution of this letter as follows: 1. The Lessee of Block 8 and the "operator" of Blocks 4 through 7 who is known to me as Charles Volk, d /b /a Lake Monroe Harbour, Inc., has the right to utilize Block 1 for ingress and egress to Seminole Boulevard for the life of the proposed loan that I understand your client, Great Western, is in the process of making to Mr. Volk .and; 2. This will further certify that there is sufficient parking on the marina isle that will accommodate the existing and proposed improvements remembering at all times that during special events and season peaks any parking lot is going to be congested and; 3. The General Public, including but not limited to, Mr. Volk, his corporation, and or his successors or assigns have unrestricted parking rights in and to all parking areas contiguous to the motel and the recent center that was built on the isle which adjoins the marina for the term of your loan. Any further verification that are required or needed shall be reviewed and available upon request. Respectfully submitted, BETT SMITH, MAYOR JTB /cme A (SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF) Tn- Fd' '450 % . yea I Uzi U 0 EASEMENT NO. 26452(3440-59) 0 THIS EASEMENT IS FOR A BREAKWATER AND SHORELINE W110 pursuant to application made by the City of Sanford for a breakwater and shoreline stabilization easement an and 0 across sovereignty lands held by the Board of Trustees of the 0 Internal Improvement Trust Fund of the State of Florida, acting pursuant to its authority set forth in Section. 253.03, Florida Z 1. Any ctivity or expansion of structures into the Statutes, and said Board through its lawfully designated agent, did V ' o n this 13 day of M 84- A.D. 1984-agree to the granting of same: 0 u THEREFORE, WITNESS THIS INDENTURE, made and entered into 0 by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT c TRUST FUND, as GRANTOR, and the CITY OF SANFORD as GRANTEE. The rt Grantor hereby grants unto said Grantee, its successors, and ro Z assigns, subject to the conditions hereinafter set forth, a of breakwater and shoreline stabilization easement for the maintenance H of the shoreline as shown on the attached site plan drawing and in a 0 W 0 conjunction with Legislative Act, Chapter 65-2213 attached hereto as c Exhibit "A" and made a part hereof, on, under and across the 0 c following described sovereignty land in Seminole County; Florida J * x 4 to—wit. C' 4 O 0 0 (SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF) Tn- Fd' '450 T.. Pd. jjjt 0 C: .!y F�'-: 0 THIS EASEMENT IS FOR A BREAKWATER AND SHORELINE STABILIZATION EASEMENT FROM THE EFFECTIVE DATE HEREOF. THE TERMS 0 AND CONDITIONS UNDER WHICH.THIS EASEMENT IS GRANTED ARE AS FOLLOWS' �3 1. Any ctivity or expansion of structures into the easement area from the dedicated area described in Exhibit 'A" is expressly prohibited without the express written consent of th e 0 u Grantor. If at any time in the future.the Grantee proposes to 0 expand any structure, the subject easement area may'be removed from c the easement parcel and subject to a sovereignty submerged land. Lease. of �.a :t s: F• •awll aigeuoseaa Aug le quabe p9leu61sap ,sqT 30 aolueag ay1 dq uoTloadsuT of loaCgns aq TTegs pu,l 36 Taoa ed pagTaosap -anoge a4l le4l saaa6e dgaa014 aalueao 041 •g • Sao1 0 e2JUO3 ao 'saadoidwa 'SJuena0S 'sluabe s1T 30 Aug ao aalueag aql dq 7uawasea pies 30 asn ayl 3o lno 6USS2ae swTeT3 pue sabewep Ile woa3 Puna lsna quawanoadmi Teuaaaui 041 3o seaJsnal. 3o paeo0 ayJ pue epT3oTa 30 a1e1S ayJ ssaTw3ey P"t.1 pne 'loaload 'apes TTe4s uzaaaq aaJueaf) ayq ley. .S •Ulaaayl 514611 aJenTad ao DlTgnd ylTn a3a3aaluT dinpun 30 SPURT pees a6ewep Jou TTFn uTaaaq aaJue3'j. 0141 Jeyy •L 'Puna Jsnai. luawanoadwl Teuaalul a4l 3o saalsnaY 3o paeoa ayl wo33 aoTlou lnoylTn aleuTwaal TTe4spueT pies 6UTaaAOD paluea6 dgaa04 luawasea 841 ua141 'sasodand pies 3o3 pasn aq o7 aseao TTegs paglaosap ulaaay pueT ayl Juana 941 U1 • uo 2 lez1TTge1s auTTaaoys pue.aaleA%eaaq ay7 ao3 dTaTos pasn aq TTegs pueT 30 Taoaed pagTaosap anoge 641 JegJ •g •luawnalsul S 1 41 dq pa2aa3uoo s) puel pTes 01 a1111 ou 7eq.L •S •asuedxa s,aaqueaD at,, le uoa.layl paloa3a pue spueT pies 6UTddn000 Juawdinba pue sa3nlanals Ile anow8a TTe4s aalueao ay1 'aleuTw3a1 m pue aseao Treys SPURT pagTaos ap anogeuTa3ay ayl uodn uPT1e2TTTgels 0 o auTTa304s pue aalem%eaaq ao3 pa7ue26 voissTwaad Ile •luawasea u u ' sT41 3o uoTJeaTdxa uodn 7 4Y •6 afa ,cam JeVJ saaa 6e as uea a •paeog ayl 30 luas000 aoiad gnogjlm pa3aejsueal aq Jou TTe4s aalueap paweu a4l of paluea6 luawasea ay,y •C •paglaosap anogeu163aq den. - 3o - J46Ta a41 3o s1'wTT 041 uT41Tr palenilTs sPUvJ pabaawgns 01 PUR uT Puna lsna.1 luawanoadwT Teuaalul a14J 30 saalsna.L 30 paeoy 0147 dq sluea6 auTad Tie pue due (q) pue !so lelS palTun a4l 30 S14611 _aoTad Tie pue'. due (e) of loa Cqns aq Treys P0aaa3uoo dgaaay s14bT •Z G I l WV IMPROVEMENT TRUST FUND V3Adlrpy3'j. = .' •'� {ti r71Fa {n �� BOARD OF TRUSTEES i .�i.�Y r :,. ft s \ \�0jF THE INTERNAL IMPROVEMENT TRUST ND 30 That -.the Grantee by acceptance o£ easement, . to 4 "binds itself, its succes ors and assigns abide by the provisions and conditions - terein set forth, and said provisions and _ APPROVED conditions shall be deemed covenants o£'the Grantee, its successor$ c, ° o „ and assigns, running with the land. In the event the Grantee 1•' fails or refuses to comply with the provisions and conditions ° a A or herein set forth, or in the event the Grantee violates any of the w cn provisions conditions herein, this easement may be terminated ' by the Grantor after notice in writing to the Grantee. Upon receipt of such notice the Grantee shall undertake to correct such noncompliance(s) or violation(s) for which the Grantor has given notice within thirty (30) days of receipt of the notice or the Grantor, at its option, shall be entitled to terminate this ease- ment and, if terminated, all of the above- described parcel of land 3 of shall revert to the Grantor. m -. TO HAVE AND TO HOLD said easement unto said Grantee, its successors and assigns, for the purposes herein set forth. IN TESTIMONY WHEREOF, the lawfully designated agent of the Board. of Trustees of the Internal Improvement'Trust Fund has hereunto subscribed his name and has caused the official seal of the Board of Trustees of the Internal Improvement Trust Fund to be hereunto affixed, in the City of Tallahassee, Florida, on this 13n� day of ARCH _ A.D. 1984 the effective date hereof. ; .......... � BOARD OF TRUSTEES OF THE INTERNAL i IMPROVEMENT TRUST FUND V3Adlrpy3'j. = .' ( AGENT FOR THE BOARD OF TRUSTEES \ \�0jF THE INTERNAL IMPROVEMENT TRUST ND j .. APPROVED GALITY ,,,,,,,,,•� � „s A or 3 of m -. ment' No. 26452(3440 -59) -' i :. Boa P.G I. 7 0 5 0 LAWS O FLORIDA CHAPTER 64.2213 I'L• CHAPTER 65-2213 )IOUSC BILL \0.2805 AN ACT granting unto the City of Sanford, Florida fee sim• I Pte title to n portion of the bottom of LAke Monroe owned or controlled by the State of Florida for the purposes of es- 1' ?,•, tablishing a. marina and commercial complex; describing said grant; providing exceptions for existing riparian own. ership. .'re R Enacted by the Legislature of the Seale of Florida: Section 1. That the State of FlordA hereby grants to tho City of Sanford in fee simple, Absolutely, the following Portia of the bottom of Lake Monroe, to•wit: ' 'Beginning at the intersection of the East right of way line of Park Avenue extended, and the northerly right of way line of Seminole Boulevard as shown on the plat of Lake View PArlt recorded in Plu: Book 3 of the Public ��.,.. Records of Seminole County, Florida, thence run Southeast• � • erly along said northerly line of Seminole Boulevard n - distance of 1 feet to a point; thence turn an angle t 44 to the left of 00 degrees and run a distance of 000 feet H to a point; thence turn an angle to the ;aft of 00 degrees -Z-4I �`.•I and run a distance of 1,100.00 feet to n point, thence turn rs Au an angle to the left of 104 degrees and run A distance of '.550.47 X ,a feet, more or less, to a point of intersection with the Cast w to right of wily line of said Park Avenuo extended . ' Northerly; thence turn an angle.to the left of 14G degrees, °.- (.,�.. more or less, And run South along the extension of the East :• I,. right of way line of said Puck Avenue A distance of 380,36 feet to point of beginning, till of the Above lying In And situated in Lake Monroe within the corpornlo limits of the City of Sanford, Seminole County, Florida. for the establishment by the City of Sanford of a municipally controlled marina And commercial complex. Section 2. Nothing contained horein in this grant shall in any Way 'Abridge, limit or Impair the rights of Any existing �1. • . • private riparian ownership. � 3405 ' CHAPTER 66.2214 LAWS OF F LORIDA f Section 3. This net shall take effect immediatey upon be. coining law. i Became a law without the Covornor's approval. _ Filed in Office Secretary of State June 26, 1765. CHAPTER 65.2214 HOUSE BILL NO. 1300 AA' A. T relating to Santa Rosn county, county heA%h mcot; ualaorizing the department to estnbiish, elm collect 1 s for issuance of health certificates, carCf' of vital r ords And for other services; pruvid: g accounting a disposition of said fees; providin An e date. Be It Enacted by the egisle fur, Section L The coun hen. county is authorized to es aDlis fees for the issuance of hen It certified copies of vitAI recut' time to time designated by the of the county, provided the sqq be filed with the state board oj% o/ Ilse Slate qJ Florida: I depnr eat of Santa Rosa char• and coiiec: :aAson.bie :erti ' Ates, for the issuance of d for other sea "lices from m'd of county cum,missicners e le of lees established shnil Section 2. Th6 county enith depart nt shall maintain re- cords of All fees collec� d nndor the Urn 'ions of this Act in Accordance. with acco ring procedures that hull be prescribed by the stnlo board o ealth. Section 3. Alkices •collected under the prov.slo of this Act shall be elop' e ed not less than once each month the state treasury to ho credit of the said county health 6 Ailment. Sectio7'4. This act shall be effective immediately uphei Ca Aproved by the Governor MAY 26, 1065. Filed Officio Secretary of State dlety 25, 1065, AN ACT - �.lhoriiG school- :r, or is Be it Eon Section county: ia' -- iznlloa ° ir tiny ulstr• for .flu i that end '••'' to provid l .a Section ri iumt i:ed to d• riodicnL;:: has awn kilo aaudr ranee r. t Sector .Cudgel :•I tho coot' l (so §o)_a, :iC• ;Secllain 11 1 liistructi• ' intundent sc; �ahull 1,0% .S ancu jdnu plan up• thereat ;i I wages in) s SecUuii e i' r EXUB_T "8' Page I of Z m p o 4 ' DESCRIPTION a Beginning at the intersection of the East right -of -way (. line of Park. Avenue extended and the Northerly right -of -way line - of Seminole Boulevard as shown on the plat of Lake View Park i recorded in Plat Book 3, Page 41 of the Public Records of , Seminole County, Florida; thence run 5.69 ° 16 . 45 "E. along said ' Northerly right -of -way of Seminole Boulevard 1600.00 feet; thence • run N.20 "43'15 "E., 900.00 feet; thence run N.69 ° 16'45 "If. 440..00 feet; thence run N.20 0 43 1 15 "E. 60.00 feet; thence run ;.69 0 16'45 "W. .; 1087.94 feet; thence run 5.34 0 43 1 15 "W, 553.07; thence run ; j 5.68 0 43'15 "W. to the Northerly extension of Easterly Bulkhead of ; a City Park; thence run Southerly along said extension and - Bulkhead to the P.O.B.. e i' 11 1 T. A A q F 1 4:f 50 THIS INDENTURE of Lease, mad and entered into at Sanford, Seminole County, Florida, this day of N 6jtvAk t q , A,D., 1980, by and between the CITY OF SANFORD, FLORIDA, a municipal corpor- ation, hereinafter called Lessor, and SANFORD LAKEVIEW DEVELOPMENT INC., a Florida corporation, hereinafter called Lessee, which term shall include successors, legal representatives and assigns, whenever the contents herein so require or admit: W I T N E S S E T H: WHEREAS, the parties have heretofore agreed to certain renta terms and conditions for certain real property owned by the CITY OF SANFORD; and WHEREAS, the parties desire to reduce the agreement to writing for the benefit of each; and WHEREAS, the CITY OF SANFORD, FLORIDA has heretofore dec that the operation of the facilities hereinafter described to be a valid public purpose and of great value to.the CITY OF SANFORD and its inhabitants; NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and in consideration of the payments and undertakings herein mentioned and for other good and valuable considerations, the parties do hereby agree as follows: 1. Upon the terms and conditions hereinafter set forth and in consideration of the payment from time to time of the rentals herein provided, Lessor does hereby lease and let unto Lessee and Lessee hereby does lease from Lessor that certain real property lying and being situate in Sanford, Seminole County, Florida, as delineated Exhibit "A" and commonly known as North of the paved parking lot at the dry storage building at Monroe Harbour Marina.. 2, The term and duration of this Lease shall be for a period of sixty (60) years, commencing on the 1st day of January , 1981, and continuing up to and including the 31st day of December 2041`. 3, That Lessee hereby covenants and agrees to pay to Lessor as rent for each year during the term of this Lease the annual sum in advance of FIVE THOUSAND AND NO 1100 ($5,000.00) DOLLARS with subsequent annual rentals to be due on the anniversary thereafter of the date.of the first rental payment herein. It is furthermore agreed that Lessee shall pay five (5 %) percent of the first ONE HUNDRED THOUSAND AND N01100 ($100,000.00 DOLLARS of rentals generated and as hreinafter defined plus two and one -half (2k%) percent of all rentals of ONE HUNDRED THOUSAND AND N01100 ($100,000.00) DOLLARS up to TWO HUNDRED THOUSAND AND N01100 ($200,000.00) DOLLARS and further five (5 %) percent of all rentals in excess of TWO HUNDRED THOUSAND AND N0 1100 ($200,000.00) DOLLARS, it being the intent of the parties hereto that the FIVE THOUSAND AND N01100 ($5,000.00) DOLLARS as mentioned hereinabove shall be a minimum annual rent; and accordingly, any additional rentals shall be upon the formula as set forth herein in that the FIVE THOUSAND AND N01100 ($5,000.00) DOLLARS minimum annual rent represents five (5 %) percent of the first ONE HUNDRED THOUSAND AND N01100 ($100,000.00 DOLLARS of rentals. Rentals shall be defined as all rentals derived from all sources within the area of Lessee's occupancy whether said rentals shall be in the nature of rentals of equipment, storage facilities, office space or any other incident related to the rental of equipment or property by Lessee to any other person or entity. 4. That Lessee does in accordance with the agreement reached between the parties hereby agree to construct within two (2) years of the execution of this Agreement a yac� ht ' basin and/or club and any and all buildings necessary and related to a aFN.04i:. `..wwwtivu9:n eMA e:.u/O%SnhiMW .4 w.w'!.<NN }ji{u- .,.,.!.rr...^nnY ,FJ:R'1.Sh'.'.v.— nhLtiPe ! uTRMea"±( the accom�,jishment of the foregoi.n and shall further be allowed sr..r.. r. .x to erect such improvements as shall complement the erection of a yacht.club and /or basin and shall further be allowed to erect a restaurant and related lounge to serve the yacht basin _ oxan.au.v;.».'.m.rvn '.nn ... ✓..A'n't n+wr 'm'.!c %+ . \ \.:u,..{w. urw,rilM9wr..wwrFUxr.� or club for the benefit of the general public. If the eonstruc- tion or erection of said restaurant and lounge be deemed in conflict with any existing lease between Lessor and Monroe Hotels, Inc. or its successor in interest then and therefor, Monroe Hotels, Inc. or its successors in interest shall be given the first option of operating and leasing the restaurant and lounge and should it refuse said option, then Lessee or its - 2 - successors shall be entitled to the operation thereof. 5. It is furthermore agreed that all improvements upon said real property shall upon the termination of this Lease, revert in fee simple absolute to the City of Sanford. 6. Lessee, in addition to the rentals reserved herein, to pay the annual ad valorem taxes assessed and levied by any tax authority on all building improvements on the demised premises. 7. Lessee will further provide public liability and property (damage insurance naming Lessor as co- insured in a company or com- panies acceptable to Lessor in such amounts and from time to time as shall be required by Lessor provided, however, that such requir - ments will not exceed ONE MILLION AND N01100 DOLLARS ($1,000,000.0). 8. Lessee, at its sole expense, will operate, maintain and repair all facilities constructed upon the demised premises and will further place and maintain landscaping in all appropriate areas to create an aesthetically attractive improvement. Further- more,-.Lessee shall, at''all times, maintain and.repair the premises l and the landscaping in a prompt, efficient and workman -like manner for the benefit of themselves and the public at large, and should and in the event it be brought to the attention of the Lessor that the premises, landscaping or either are not being maintained in the high level contemplated by the parties hereto, then and therefore, the parties agree that this matter can be reviewed by the Sanford City Commission at any of its regularly scheduled meetings for the purpose of determining the extent or nature of repair or maintenance to be performed and the schedule to do so, for the benefit of the parties hereto. 9. This Lease shall not be assigned nor assumed nor any portion thereof without the express written consent of Lessor, which consent shall not be unreasonably withheld.. 10. Upon default hereof by Lessee, this Lease at the option of Lessor, shall be declared null and void and in addition thereto Lessor shall have all other rights and remedies afforded to it under the laws of the State of Florida including but not limited to the right to apply to a Court of competent jurisdiction for the -3- V 1 -1 ) appointment of a receiver and for all. other remedies provided for by law and specifically including all set forth in Chapter 83 of the Florida Statutes. It is furthermore agreed that in the event during any two consecutive years of the term of this Lease Lessee shows no profit from its operation on the demised premises, Lessee may elect to terminate this Lease without further liability, in which event all facilities and permanently affixed equipment shall enure to and become the property of Lessor. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to this Lease on the day and year as above written Witnesses: SANFORD LAKEVIEW DEVELOPMENT, IN BY: . (� CHARLES J. JR. v Witnesses: CITY OR S FLORIDA BY Mayor STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority, personally appeared CHARLES J. YOLK JR. an officer of SANFORD LAKEVIEW DEVELOPME IN w o, eing y me irst duly sworn, deposes and says that he is an officer of SANFORD LAKEVIEW DEVELOPMENT, INC., he has read the foregoing Lease and.executed same on behalf of said corporatic for the purposes therein expressed, intending to be bound by same. SWORN TO AND SUBSCRIBED BEFORE ME, this day of 0 x ,J A.D. , 1980. STATE OF FLORIDA COUNTY OF SEMINOLE My Commission Expires: votary u le; State or on a -4- Notary t�f' Florida My Commission Expires;. t a (0 198 BEFORE ME, the undersigned authority, personally appeared Lee P Moore Ma or , an official of the CITY OF SANFORD, FLORIDA, a municapa corporation, who, being by me first duly sworn, depose and'says that he is an official of the City of Sanford, Florida, h has read same and executed same for the purposes therein expressed on behalf of the City of Sanford, Florida, intending to be bound by same, SWORN TO AND SUBSCRIBED BEFORE ME, this 17th day of October , A.D., 1980, _ a) box 14 C 0 0 - - •H 0 0 Ln in r-q Ln L14 'd PU -HH.t Hit 60 o N Ot 0 J-J 0) cn �o r-4 � H i� o •r N UH O O O O 4 G rop,cuorncno,•ri O 0 ^� N�D t�O d) bjD m U H •r+ m PQ N D U ,4 0 000000 ro a N v`� co (i rq o, cd H 0 0 P P p p O to 4D u•ra .d r O W N N 00 W d1 rn 412 V] •� U U U U O }. c F*. ro 'a f.' r 0 04 ox a v v v W 4 Co zWw 444 0 +.1 H N ,L 0 1� 1J 1J •U 47 •ro CO C4 P 13 ... .. 41 0 ro N u•• 0 ro c+- 0 -Hw�4uw U 4fw 4-J 00 0 ul r m�o q 4 -jZi ro Wr-7 N N t0-N A.1 co PL N � u'1 N � ro - 0CdD,Oo.�trn.�tw G .-a 4 w tJ N 00-t O0N w N pq F4 41 r4 0 ? '3: W W m H H ca H w SANFORD LAKEVIEW DEVELOPMENT,'INC. Lake Monroe Marina, Sanford, Florida Mr. Pete Knowles City Manager City of Sanford Sanford, Florida 32771 Re: Proposed Development of Sanford Lakeview Development, Inc. Dear Pete: C Pursuant to the conference Joe and I had with you recently concerning the proposed ultimate development of Sanford Lakeview Development, Inc. of the yacht basin and related facilities, it is our unfortunate opinion that due to the state of the economy frightening inflation and other matters that we cannot control, we must unfortunately abandon the Lease and declare our interests therein null. We do this most reluctantly, since it was one of our dreams to see the yacht basin implemented, but on the other hand, we cannot see at this time any realistic future prospect of the development and accordingly, since the City, for all the years that we have been here has been so gracious in its dealings with us, we wanted it to revert to the City immediately, so that if the City had the opportunity to lease the property, develop it or expand it in some other enterprise, it would be able to do so. Lastly, we want to thank you again for the many and multiple contributions you made in assisting us on this potential develop- ment. ( Respectfull submitted, CHARLES J. OLK, JR. CJVJr /em CI Fr` H 2 T •% o� Sanford, Fj " Idd Commission�fflanager Plan Noved3er 14, 1980 WARREN E. KNOWLES CITY MANAGER Mr. Jack T. Bridges Attorney at Law Post Office Box Z Sanford, Florida 32771 Re : Marina lease Dear Jack: All appears OK to my eye except the City was to obtain an easement.for the sewer lift station and pipes; as they now exist. This to provide access for the City to operate and maintain the sewer lift station and pipes. Very truly yours, CITY OF SANKED W. 'Pete" Knowles City Manager WEK /mjh cc: Sanford Lakeview Development, Inc. City Attorney Utility Director 305/3223161 P. O, BOX 1778 300 NORTH PARK AVENUE li T L _ r • •i w .• .. IQ A CLEVELAND, PRIZE & BRIDGES ATTORNEYS AND COUNSELORS AT LAW MACK N. CLEVELAND, JR. C.VERNON MIZE,JR. JACK t. BRIDGES MICHAEL E. GRAY November 10, 1980 RICO BUILDING 209 NORTH OAK AVENUE R. O. DRAWER Z SANFORD, FLORIDA 32771 TELEPHONE 322 -1314 Mr. Warren E. Knowles City Manager City Hall Sanford, Florida 32771 Re: Lease Agreement, Re: Sanford Lakeview Development, Inc. Dear Pete: In reference to the revised and accepted Lease in the above - styled matter, I enclose the original of the Lease for deposit in safe - keeping with the City of Sanford. You will note that I have entered the date of the Lease as November 7 of.1980, to be effective January 1, 1981, as per our recent telephone conversation. I have also paid particular attention to make sure that the Exhibit "A" containing the legal description is in fact attached, since Mary might tell you that we have determined the original Lease in 1967 did not have the legal description attached., Kindest regards, C VELAND, IZE & BRIDGES J ck T. Bridge JTB /em Enclosure CC: Sanford Lakeview Development, Inc. ? LEASE AND SUBFRANCHISE AGREEMENT THIS AGREEMENT made and entered into this day of , 1979, by and between LAKE MONROE HARBOUR, INC., a Florida corporation, of Sanford, Seminole County, Florida, Franchisor, and'G. WILLIAM McVAY d /b /a STRICTLY SAIL, Post Office Box 2455, Sanford, Seminole County, Florida, Franchisee. W I T N E S S E T H WHEREAS, Franchisor is the Operator of a certain Marine I Operating Franchise bearing date of December 31, 1968 and recordedl in Official Records Book 868, page 170 of the Public Records in and for Seminole County, Florida; and WHEREAS, Franchisor is also the Lessee in that certain Lease Agreement bearing date of March 14 1967 and recorded in Official Records Book 608, page 374 of the Public Records in and for Seminole County, Florida; and WHEREAS, said Marine Operating Franchise encompasses the following described real property: Blocks 4, 5, 6, & 7,, SANFORD RIVERFRONT PROJECT, according to the Plat thereof as recorded in Plat Book 14, page 88, Public. Records in and for Seminole County, Florida. WHEREAS, the Marine Operating Franchise is deemed to be an intricate and necessary part of Franchisor's Lease hereinabove mentioned and both Franchisor and Franchisee wish to enter in this Agreement but each want to be in total compliance with the Lease on the one hand and the Marine Operating Franchise on the other hand and furthermore, Franchisor and Franchisee both recognize and stipulate that both are bound by the terms, covenants and conditions of the Marine Operating Franchise and the Lease and by this Agreement do acknowledge that they are so bound; and any terms for or provisions of this Agreement that are in conflict are hereby deemed to be null and void; and WHEREAS, Franchisor and Franchisee desire to enter into a Lease and Subfranchise Agreement defining their respective rights, duties and responsibilieies and to reduce same to writing; NOW, THEREFORE, in consideration of the mutual covenants contained herein Franchisor and Franchisee agree as follows: i W&9 provided upof° '':he subject to the terms, - •ovenants and conditions and agreement hereinafter provided upon and subject to the terms, ,covenants and conditions and agreement hereinafter set forth. All of which Franchisee covenants and agrees to perform and observe. ARTICLE II RENT 2.1 Franchisee covenants and agrees with Franchisor to pay the Franchisor without notice or demand or set -off whatsoever at Post office Box 687, Sanford, Florida 32771, or such other place as Franchisor shall from ti to time designate the following: , c � .(a) The sum of per month due and payable on the first day of each and every month plus sales tax if applicable. Said amount to be deemed delinquent when not received by the tenth day of each and every month. (b) In addition to sum as set forth in Paragraph 2.1 (a) hereinabove, Franchisee shall also pay unto Franchisor 24% of all gross revenues derived from Franchisee's.occupancy of the demised premises. Gross revenues are as all revenue derived from all sources within the area of Franchisee's occupancy including but not limited to, sail boat sales, sailing school, and sale of sail boat accessories. Said gross revenue rental shall become due and payable on the fifteenth day of each and every mont succeeding the month for which the gross revenues are being com- puted and shall be deemed delinquent by the twenty -fifth day of each month. Furthermore, Franchisor shall be afforded the reason - able opportunity during reasonable business hours to review the books and ledgers of Franchisee to determine the accuracy of the gross revenue and Franchisee shall in addition, annually and on or before January 30th of each lease year, provide Franchisor, at Franchisee's expense, a certified accounting and should and in the event the gross revenue reported on a monthly basis be less than the amount as certified by the accounting said deficiency shall be payable to Franchisor on or before thirty days from the determi- nation of the deficiency. Said 2 .k% to be increased to 5% simul- taneously with Franchisor's increase to 57. under its Franchise Agreement with the City of Sanford. I - 3 - 2.2 Franchisee shall pay the rent in. lawful money of the :United States of America and time is declared to be of the essence of the payment of the rent. ARTICLE III 3.1 Franchisee at its own expense, shall take good care of the leased premises and at all times and from time to time shall keep the same in good repair and good condition and shall suffer no waste or injury thereof and shall at all times and from time to time make all necessary repairs and maintenance and replace- ments ordinary as well as extraordinary, foreseen and as well as oreseen and regardless of his occupancy to the demised premises. Franchisee shall not call upon Franchisor for any disbursemen or outlay whatsoever with the foregoing requirement of this section and hereby expressly releases and discharges Franchisor 11of °and from any liability therefor. ARTICLE IV UTILITIES AND TAXES 4.1 Franchisee shall.pay and keep current and be responsibie, for all utilities of.whatever kind or nature related and directly i ssess.able to Franchisee's occupancy and operation of the demised S . 4.2 It.is specifically understood and agreed by and be- tween the parties that Franchisee shall further be responsible for the payment of any and all taxes that are assessable and accrue as to the annual taxation of Franchisee's personal property and pment that is or may be maintained on the leased premises. ARTICLE V ASSIGNMENT AND SUBLEASE AND SUBFRANCHISE 5.1 Neither this Lease or Agreement nor the interest of anchisee in this Lease or Agreement shall be sold, mortgaged, , assigned or otherwise transferred, whether by operation law or otherwise, nor shall Franchisee sublet or sublease the cased premises as an entirety or sublease as an entirety any rtion of the leased premises without, in each case, the for written consent of Franchisor and the City of Sanford. id consent on behalf of Franchisor not to be unreasonably thheld. { - 4 - Ln 5.2 . assignment, sublease or ublet of this Agreement sha have any value whatsoever except upon the compliance of the fore- going, an assignment, sublease or sublet, should and in the event Franchisor consent to same, shall not relinquish or release Franchisee from any obligation of Franchisee under this Agreement and the Franchisee shall remain liable for the performance of all obligations of Franchisee hereinunder for the remainder of the term of this Agreement. 5.3 Any a -tempt to assign, sublease or sublet without the prior consent of Franchisor shall be deemed instanter a default by Franchisee giving Franchisor the right unilaterally to declare this Agreement and Lease to be in default and breached. ARTICLE VI INSURANCE 6..1 Franchisee shall during the term of this Agreement, at his own expense, keep in force by advance premium payments, compre hensive general public liability insurance against claims for bodily injury, death or property damage occurring upon, in or abou the leased premises and or the improvements including among other things coverage against so called "occurenceS ", such insurance to afford immediate protection at the date of commencement of this Lease to the limit of not less than $100,000.00 in respect of bodily injury or death to any one person, and to the limit of not less than $300,000.00 in respect of any "occurrence ", and to the limit of not less than $50,000.00 for property damage. Franchiso shall be defined as an additional insured under the policy of insurance as set forth hereinabove, and further, copy of said policy shall be provided to the City of Sanford for their persona records. ARTICLE VII INDEMNITY 7.1 Franchisee shall indemnify Franchisor against all ex- penses, liabilities and claims of every kind including reasonable attorney's fees by or on behalf of any person or entity arising out of either ( 1) failure by Franchisee to perform any of the terms, covenants or conditions of this Lease, any injury or damage happening on or about the lease premises, (3) failure to comply with any law of any governmental'authority, or i (4)any mechanic's lien or security interest filed against the leased premises or equipment materials or alterations contained therein. ARTICLE VIII DAMAGE OR DESTRUCTION OF LEASED PREMISES 8.1 No damage or destruction, whether partial or total and irrespective of the cost thereof of the leased premises shall en- title Franchisee to surrender possession of the leased premises or any part thereof or to terminate this Lease, or have an abatement of any part of the fixed rent, or any other charges or sums payable under this Lease and neither party shall be released by reason of any such damage or destruction from the respective obligations created or imposed by virtue of this Lease. 8.2 Notwithstanding the foregoing, in the event of the substantial destruction of the building in which the leased premises form a part thereof during the term of this Lease, either the Franchisor or Franchisee may elect to cancel this Lease by giving written notice to the other party within thirty days after such destruction, or the Franchisor may elect to cancel this Lease at any time during the term of this Lease following the total destruction of the leased premises by giving written notice to the Franchisee within thirty days after such damage of destruc- tion, as if such date were the stated termination of this Lease but all insurance proceeds wherein Franchisor is defined as additional insured shall belong to and be paid over to Franchisor. ARTICLE IX ENTRY ON PROPERTY BY FRANCHISOR 9.1 Franchisee shall permit Franchisor and its authorized representatives and designees to enter the leased premises at all reasonable times for the purpose of (1) inspecting same, and (2) , making any repairs thereto and performing any work therein that may be necessary by reason of Franchisee's failure to make any such repairs or perform any such work or to commence the same for fifteen days after notice from Franchisor (or without notice in case of emergency). Nothing herein contained shall be construed as imposing any duty upon Franchisor to do any such work, and the performance thereof by Franchisor shall not constitute a waiver of Franchisee's default in failing to perform same. c 9.2 F,x.?,nchisor may, during the P' ogress of any work at the leased premises perform or cause to be performed by it in accord- ance with this Article, keep and store thereon all necessary materials, tools and equipment. Franchisor shall not be liable for inconvenience, annoyance, loss of business or other dama to Franchisee by reason of making of such repairs but Franchisor shal'- proceed with such work so as to avoid to the extent possible un- reasonable inconvenience to Franchisee. 9.3 It is further aereed that upon the failure of Franchise to perform anv repairs that necessitates Franchisor's performance Franchisee shall be responsible for the cost of such repairs in- curred and failure to pav said costs shall be further deemed a breach of this Lease. ARTICLE X CONDEMNATION 10.1 'If at any time during the term of this Lease all or sub stantially all of the leased premises shall be taken for any publi or quasi - public purpose by any lawful power or authority, by the exercise of the right of condemnation or eminent domain or by agree- ment in lieu of condemnation between Franchisor, Franchisee and those authorized to exercise such right, this Lease and the term hereof shall terminate and expire on the date of such taking and the fixed rent and all other sums and charges required to be paid by Franchisee hereunder shall be apportioned and paid to the date of such taking. In the event of the foregoing Franchisee shall be entitled to make a claim for the loss of its leasehold estate against Franchisor but rather such claims shall be against the authority so condemning or taking the leased premises by operation of law or agreement by the parties hereto. 10.2 If the temporary use of the whole or any part of the leased premises shall be taken at any time during the term of this Lease for any public or quasi - public purpose by any lawful power o authority or by the exercise of the right of condemnation or emin domain or by agreement in lieu of condemnation between Franchisee and Franchisor and those authorized to exercise such right, the term of this Lease shall not be affected in any way and Franchisee shall continue to pay in full the fixed rent and the other sums and charges payable by Franchisee hereunder, and Franchisor shall be entitled to receive any award or payment for such use. r i I a - 7 - CO 50 ARTICLE XI OPTION TO RENEW 11.1 At the end of the term of this Agreement Franchisee .sha' have first refusal as to the renewal of this Agreement for a period of five (5) years, in this respect Franchisor shall, six months in advance, provide to Franchisee, in writing, the terms and conditions of.such renewal. Within thirty days thereafter F chisee must signify his acceptance or rejection of the terms thereof. In the event the same are rejected the Lease will terminate and Franchisee will at the expiration of the terms hereo forthwith deliver up the premises in good condition subject to reasonable wear and tear. In the event such terms are refused by Franchisee, Franchisor shall then have the right to deal with any other person, firm or corporation upon such terms as Franchisor sees fit, providing, however, Franchisor will not let said premises to such other person, firm or corporation without Franchisee having first decision as to meeting such terms. ARTICLE XII DEFAULT If any one or more of the folloiwng events shall happen, Franchisor may, but not be restricted to the following: (a) -If default shall be made in the due and punctual payment of any installment of rent payable under this Lease or any part thereon when and as the same shall have become due and payable, and after such default shall continue thereon for a period of five days,.Franchisor may terminate this Lease at its sole discretion and Franchisor shall have the right to claim and receive all arrearages in rent plus all future rent under the terms of this Lease that would from time to time accrue and should and in the event Franchisor has to retain counsel to collect this claim and avail itself of its available legal remedies before a Court of competent jurisdiction Franchisee hereby agrees to pay and be responsible for all damages including but not limited to reasonable attorney's fees and Court costs. (b) If Franchisee fails to maintain the comprehensive general public liability insurance as set forth in Article vI of this Lease or having such insurance allows same to lapse and beco - 8 - C2 void, Franc or upon five days writt( " notice to Franchisee may in its sole discretion declare Franchisse to be in default under the terms of this Lease and in Franchisor's sole discretion may, but shall not be limited to, cause the insurance to be reinstated and seek reimbursement from Franchisee therefore, terminate this Lease in which event Franchisee shall be responsible for all costs of collection as set forth hereinabove or do any and such further acts as Franchisee may deem meet and just in its sole discretion under the circumstances. (c) Upon the declaration of a default by Franchisor, Fran- chisee or any permitted assignee, sublessee or otherwise shall quietly and peacefully surrender the leased premises to Franchisor, Franchisor in addition to all remedies herein reserved to it upon or at any time after termination of this Lease or upon default as the case may be, may without notice enter upon and re -enter the leased premises and possess itself thereof and may dispossess Franchisee or such assignee, sublesyee or otherwise and remove Franchisee and all other persons or property from the leased premises and may have, hold and enjoy the leased premises without liability therefor. (d) No failure by Franchisor to insist upon the strict performance of any covenants, agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent during the continuance of any breach shall constitute a waiver of any such breach of such covenant, agreement, term or condition. (e) It is specifically understood and agreed that the enumeration of certain acts that constitute a default by Fran- chisee in this Lease are by no means intended nor shall they be construed to be the only acts which can constitute default under this Lease or breach thereof. (f) Without limiting any of the other terms and provisions lof this Lease, Franchisee shall be responsible and pay for lattorney's fees or Court costs, including the cost of any appeal, arising out of or by virtue of any default or breach under the terms of this Lease. - 9 - .. ARTICLE XIII AMENDMENTS This Lease constitutes the entire agreement of the parties and any modifications or amendments thereof whether verbal or otherwise shall not be recognized unless said modifications or amendments to this Lease shall be in writing and signed by all parties hereto. IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as of the day and year first above written. Signed, sealed and delivered in LAKE MONROE HARBOUR, INC. the presence of: STATE'OF FLORIDA COUNTY OF SEMINOLE The forego K - _day o Conroe "Harbour, corporation. instrument was acknowledg befo e me thi 1979, b I - d Y �.C. ,o '`tJ o La a F on a corporation, .01Y behalf of the GL Y.t� tic. Notary Pu , *c - State of Florida My Commission Expire t large N public, Florida, fate a ota M Commission FxP.ires Dec. 10,1982 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoi g instrument was acknowledged before me this 3 day of k �Lmj 1979 by G. 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O rC C +� W w � CCCLLLLL R U x: " o o m o N N m ao o0.0m F 3 ti w m m N . 4a 1, 'd mU m 0 P �} i w O O b Saw al N M r-1 O m N co Is q � ch ah ra to . to N 3 w al 11 N m W fr" N N M O 14 z 82 ii� ax �anZ sdi I, I 1. h Q Q ^4� -Hp O N o o C o O cd F*L Fa v ^�! �, o to W M O cd W z b0 ri 4-i C vi Q C 'd N vo to,4mtd .O Fc ,C F*, F.0 rI O H N R 4� - FA " Fc 4� cd 'J+ O cd 0 - 'd W 4 H N O - to X: cd -H to ,i O A W cd i-+ coECf - Cd vi N " ri w ^c< E o v O C 0 I 0 ri Na�F4144yN o Ez7 m14 v,�ib ^ F -4 ri U (1) F cd Yc cd O O.ro r1. co .r1 co -A. N O v cd H Z -Cd -C- m cd li w 'O • p ± O� V d K a N G E y �O to m F. vi F]. k W O ri to to rl 0 O U i .7'. O .O W O bD _ :34 4a £ E-1 H O 10 N 'c7 Cd Y ak ,e co 0 c Y: Cd tO p -. i 5 LANDLORD'S WAIVER City o£ Sanford, Florida, , , , , . , ,(hereinafter called the Undersigned), being the ................ Lot 8, River£ront Project Plat owner of premises known as. ........ Marina , Isle ....................... Sanford ................ ....... Florida ............ (Street Address) (City) (State) in consideration of the sum of One Dollar ($1.00) in hand paid to the Undersigned by .............................. FinanceAmerica _ Priyate ,l3 r4Ac]s, , ) jnG . ............................ (hereinafter called theCompany), . (Finance Company) the receipt whereof is hereby acknowledged, does hereby covenant and agree to and with the Company, its successors and assigns, that any and all merchandise, including any accessories pertaining thereto, which may now or hereafter be owned by the Company or in which the Company may now or hereafter have an interest by reason of chattel mortgages, conditional sales contracts or other title retention instruments, and which may now or hereafter be placed upon the premises above described, shall, as between the Undersigned and the Company, not be subject to distress for rent, nor liable to any Claim, lien or right which the undersigned may now have or which may hereafter accrue to the Undersigned, as landlord; and furthermore that, in the event that it becomes necessary, under the terms of the aforementioned instru- merits, for the Company to take possession of the said merchandise and any accessories pertaining thereto, then the Under. signed will make no objection to the removal of the said merchandise from the premises, nor to the performance of whatever acts are necessary for such removal with the use of such facilities as may be on the premises. IN WITNESS THEREOF, the Undersigned has, for the Undersigned, and the Undersigned's heirs, executors, administrators, successors and assigns, caused these presents to be duly executed this ,,,,,,,,, Vll. ,,, day of September .................. 19..77 Sealed, si and delivered in the presence of . witn�esS : ?........ .. . witness ....... .,,, ; City . of,Sanford,..Florida, Name of d ...(Seal) Signature of Landlord City Hall, Sanford, Florida Address or Landlord S,. I. s Rev. 9-71 v Prepared by P7...fl. Hutchison, Jr. City Attorney, PO Box 1778,Sanford,Fla, MARINA OPERATING FRANCHISE THIS MARINA OPERATING FRANCHISE AGREEMENT, entered into as of the 31st flay of December, A. D, 1968, by and between CITY OF SANDORD, FLORIDA, I a municipal corporation, hereinafter called City, and MONROE HARBOUR, INC., a Florida corporation, hereinafter called Operator, which said terms shall include sue - U-1 cessors, legal representhtives and assigns whenever the content hereof so requires or admits, a a wcs J WITNESSETH: WHEREAS, City heretcfote declared the maintenance and operation 0 of a marina providing for public facilities for launching of boats, storage, supplies, maintenance, sales, repairs and other related boating and water activities to be a valid public purpose, and of great value to the City and its inhabitants, and in connection therewith constructed in Lake Monroe a hydraulic fill area and placed thereon launching ramps, docks, ft giou equipment,, parkling areas, sidewalks, rest areas, fuel storage facilities, harbormaster facilities, restrooms, and other related facilities all nee- essary for the proper maintenance and operation of a marina and related facilities; and W H ER E AS, in connection therewith, Operator leased a portion of the the area owned bi City, and, ht its expense, constructed thereon a new, novel and unique dry boat storage facility, and equipped the same, at the request of City, City feeling that the same was necessary and an integral addition to marina facilities, said City not being equipped financially or otherwise to construct the same; and W H E R E A S , in connection with said dry boat storage facility, con- structed by Operator, City did on March 14, 1967 by lease, as modified, December 31, 1968, lease said facility unto Operator; and WHEREAS, City has now determined that it does not have the personnel, equipment, technical know -how to effectively maintain and operate the balance of the marina facilities for the benefit of the public, thus tending to thwart q mh tp Cri W F, r =r CJ7 -y � W the heretofore established valid public purpose and render improbable the recapture of the expenditure of public funds heretofore made, the City deeming it necessary that such operation be maintained and such recapture of public funds be made; and WHEREAS, the City in furtherance of the foregoing deems it necessary a M 4� to place the balance of said marina in capable operating hands, the same to be operated for the benefit of City, NOW, THEREFORE, for and in consideration of the premises, the mutual i agreements and undertakings hereinafter contained, City does by these presents give x. OF Uo and grant unto Operator an operating franchise upon the following described real w s� c property Iging and being in Seminole County, constituting a marina operation, together oy with improvements thereon, to wit: Blocks 4, S, 6 and 7, SANFORD RIVERFRONT PROJECT, according to plat thereof recorded in Plat Book 14, page 88, Public Records of Seminole County, Florida, together with docks, wharves, piers, buildings, gasoline storage areas and other related facilities. 1. During the course of the life of said operational franchise, Operator :�, Is and shall be classified as an operating agent for City, operating said marina facilities for City. 2. Said operating franchise shall extend for and during a period equal to and contemporaneous with the balance of life, including options, as contained in a certain lease agreement between City and Operator dated March 14, 1967 and re- corded in Official Records Book 608, page 374, as modified by agreement dated December 31, 1968. `; 3. As consideration to Operator for the performance herein required, Operator may retain all revenues derived from the facilities leas the following to be remitted of returned to City- (a) A sum equal to two and one -half percent (2 -1/2%) of all gross revenues derived hereunder together with the revenues derived by Operator under said Lease Agreement, Article III thereof, which -2- exceed the total gross sum under said lease and under this agree- ment of One Hundred Thousand Dollars ($100,000.00) for and during a period of nineteen and one-half (19 -1/2) years, payable annually on June 1, beginning June 1, 1969. Thereafter said sum shall increase to>fize percent• Gross ivenues are defined in Article III of CV -d said Lease Agreement. � >: a (b) A sum equal to the normal ad valorem taxation of City were co the property and facilities described herein taxed. oq �' 4. In addition to the foregoing, Operator will be responsible for In- surance as provided in Article VIII of said Lease as amended and maintenance, repair and repair and replacement as provided in Article IX of said Lease as amended insofar as the same relate to the property and facilities herein described. IN WITNESS WHEREOF, this instrument has been executed by the res- pective parties hereto on the day and year first above written. Witness; . rF, CITY OF S FLORIDA BY _ l� n Mayor Attest h C__ ? J ! ti City Clerk MONRO RBOU , I B r •� meet ;?' -s- munzc -Zp44 Q W=4 called City, and MONROE HARB ZV.11 a **VP*ra,#+m, hereinsAtr Galled Operator, legal representativ and assigns, V the Q0nt6nt :hereof so rsquires' or admits gITUs this AOaAm 10 entered into sUmItaneously " ri,th that ftr Operating Pr4ft4hUa of the sans date, entered Y into by and b #anon the parties Mr and this Addendum is and Co Co shall be a �._ par Of said Marina Opting Franchise and to the k ofxtent that the Marina Operating Oranohise is In conflict with the, provislm, 6 this Add9ftdUM this Addendum shall control. NOW, TUMtVM, f r and.ln consideration of the premises as well as btAs gpod and, vs13iab :' ASid0ration the ,parties hereto do hereby agreo that the MOrIAS QPSZ%t1n8 PrSnchise is hereby modified and 4 tered as fol:3c es l : ftr&gsaph 3 of the ,mina Operating Franchiser is hereby amended ,scs that as amended it shall read as ;Follows ' A0 conmideratibn to Operator for the per formanae herein requirsd, Operator may retain all revenues derived from the facilities less the foll"Ing to he remitted or returned to City2 A 0 U i l to two a nd one -half punt � #r h gross revenu derived hereunder tegothiar with the evs d`st�iVSd bya�ator undsr �eeha 04e U-.00' .4Ci far and T d # � ';. O l years, pa*Y03"js aninuAlly on tine 1 hegicvai.ng June 3 1969, Thereafter Reid am shall in *. crease to 5%. GrOSS revenues are att4 4w% pug , tT #4v4*dz*v OTOO ja Ovs mmup Gvw a" aqq� Por;; 'a fiaq 4vq pug * uo $ueat uTazet agadgTkd PtM 0414 Q%%: 44DJ sxaaT3J? cans sB paap pxm 4av o®a4 jxatt,4 aq pozsq, u*T,4v au4 pa aT - Mounjav ATTvaaAas Aot44 pug g sDT,Tj:p ti ms sv WaW%40uv SuT090.xoa gttq pa,.naaxa oqM suaaaod aqt� eq, a4 ttMagX a # * uoT * m g VPTsoT3 * psojuvs ao ATO a'q� ;o * Taa aadgzax *,taPTO pug xobex '77 Puv auoow `a Wl * AT(x0F%tx4%v poufte4aptm v o tam ato,;aq paagaddg XTTguoesed AVp aTgq. uo 4'R$ • C 4 G '1 val� ao S xZxo Lknot IcSmw x t ti# auagaad gt ?- ; P"OA ESP VIM Pg [gg e c p � TS i •gsTgauva Su ;14wado ggTx• aq!� UT paq ;jDeap AgAodoad oto uo pe*gaat azoTd ?uT?4• of pu'e quTpTjuR s+R#'C p g q.ax ftlT „ x -PTTnq• xal.sim xogxtq ate{. uo sexv posses pvq pxo,tugg jo ATO eq� JT au paQ g jQ - rn sm w4 ;o soxg2, =10T VA pro =OjTft Purr co avtn9e.z *T t zotz e� TstZba torts - x Y sT Zapttn; j4u et{,. enp ttins sq4 Ix �L� anTxag o�. ps43'nPap aq '� 'arts xepte, " °�' -� a�ggRgcl sextuata.ea seox� �� #';ytt aq� BtxT�,ttasaadax u��� aa:"ae aepun onp evewhod *xs&te�g "PIT * A , 4TO aq . anp torts r4,0% at(* ftOo uT xag4G2oz papim eq o% oxv luomi sm pug w4moo v 8t3 ao POATZaP $91- m a gspx T O ' poo- .gxaptm fiteaeaftp BT 0 "'* ' rival n dp 11 a . yt r'�C1 said instrument is the act and deed o said co rporati on. WITNESS my hand and official seal. at Sanford, Seminole County, ?lorida, can the S ,;, dad* of � , A. D. 1969, 70 �(a2� ..._ vo My Cculpiissittm .Expi>f'e8S AJ y .;.` o ' ;lc, State a 6fo agr ; q 4.11 Q �^ .::S�Enn Expires . . 1' (ATOTAR AL? .. tic cc ar G41f Amorin 4n'.8. C AM 4 J r CT `ATE OF nOMA Hd G1 oa :<- `k,0UNTY OF ORANGE z �a I HEREBY CERTIFY that on this day personally ap- ;op ti� geared before me, the undersigned authority., HAROLD L. SLrAMA, President, of Monroe Harbour, Inc,,, a Florida corporation, to me known to be person who ''executed the foregoing instrument as such officer and he severally acknowledged the execution thereof to be his freer act and deed as such officer for the uses and pur- poses therein mentioned and that he affixed thereto the official seal of said corporation and that the said instrument is the act and deed of said corporation. WITNESS my' hand and seal at Winter Park, said County and State, on the A w ., day of , A. L). 1969. My commissi on Expirest Notary Public, State of Florida at Large t' 4 ommission Expires Oct. 26, 1910 (KOTA ono Y mar cea �,.,, •,.. is :DSO .........• ,. 2 '11 Prepared by W.C.HUtchison, Jr. City Attorney PO BOX 1778,Sanford, Fla. w O� y cJ C) s 0 ua � s c THIS MODIFICATION, made and entered into as of the 31st day of December, A, D. 1968 by and between THE CITY OF SANFORD, FLORIDA, a municipal Corporation, hereinafter called the Lessor, and MONROE HARBOUR, WC., a Florida corporation, hereinafter called the Lessee, which terrpis shall include successors, legal representatives and assigns whenevei ?`content hereof so requires or admits: W ITNESSETH: WHEREAS, the parties hereto heretofore entered into a Lease Agreement tinder date of March 14, 1967, which said agreement was duly , recorded in Official Records Book 608, page 374, Public Records of Seminole County, Florida, said lease covering the following described property lying and being in Seminole County, Florida, to -wit: Blocks 4, 5, 6, 7 and 8, SANFORD RIVERFRONT PROJECT, ccording to plat thereof recorded in Plat Book 14, page 88, Pu1ic Records of Seminole County, Florida; ' and WHEREAS, The City of Sanford, Florida has heretofore declared the operation of a marina providing for.public facilities for launching of boats, storage, supplies, maintenance, sales, repairs and other related boating and water activities to be a valid public purpose and of great value to the City of Sanford and its inhabitants; and WHEREAS, said Lease was effectuated under its said date in furtherance of said public purpose, greatly benefitting said City of Sanford; and WHEREAS, in order to insure the effective maintenance and operation of marina facilities for the benefit of its residents and of the public, and the City of Sanford, Florida, and to insure`the continuous effective operation thereof, the parties hereto find it desirable to modify said lease, NOW, THEREFORE, for and in consideration of the premises as well as other good and v&lubble consideration, the parties hereto do hereby agree that the aforesaid Lease be and the same is hereby modified in the following respects: 1. The description of the demised premises be and the same is hereby altered and amended to consist of and be limited to that portion of Exhibit A attached to said Lease described as Block 8, SANFORD RIVERFRONT PROJECT, according to plat thereof recorded in Plat Book 14, page 88, together with necessary ingress and ,egress thereto. uaO,i 2. Article IV of said Lease is eliminated. ow 3. Article V of said Lease is amended to read as follows: �z 00 u ° "Lessee covenants and agrees to pay promptly when due 040 all regular and uniform ad valorem taxes lawfully levied and �2� assessed against the demised premises by governmental w authority, together with tangible and intangible personal pro - ° perty taxes. In the event for any reason it should be held by a court of competent jurisdiction that Lessor does not have the authority to tax the demised premises, then a sum equal to such tax shall be paid to Lessor by Lessee as additional rent. 4. Article VIII of said Lease is amended to read as follows: "Lessee will provide public liability and property damage insurance naming Lessor as co- insured in a company or com- panies Triple A rated in Best's or its equivalent, and in such amounts as shall from time to time be required by Lessor on all facilities and premises leased unto Lessee and any other related or adjacent facilities or structures under the control of Lessee under operating agreements or franchises; provided, however, such requirements shall not exceed One Million Dollars ($1, 000 000.00). "Within the aforementioned $I, 000, 000.00 and to the extent of at least ninety percent (M) of insurable value, Lessee will maintain at itsexpense casualty insurance on facilities constructed on the demised premises or facilities under the eontrol of Lessee as aforesaid, against vandalism, fire and windstorm, or other ° r:, - usually insured perils." 5. Article IX of said Lease is amended to read as follows: "Lessee at its expense, will operate, maintain, repair and replace all facilities constructed upon the demised premises, or under the control of Lessee, under operating agreements or franchises, whether constructed by Lessor or Lessee; provided, however, for and during a period of ten (10) yews from the date of this Lease, any concrete floatation equipment, on wet slips under the control of Lessee which deteriorates W the extent that the same cannot be effectively used by Lessee, assuming -2- modification agreement, is a part and parcel of an entire complex owned by the City of Sanford, Florida, and constituting Sanford Riverfront Project, In connection therewith and contemporaneously with this modi- fication agreement and in order to effectuate the public purpose heretofore recited, the City of Sanford has entered into an operational contract with Monroe Harbour, Inc, for the purposes of operation of other facilities within said project area not constituting a part of the demised premises. Reference to said contract is hereby specifically made and said contract forms an integral consideration for the said Lease as modified, and runs with said Lease and is effectuated and binding as to the parties during the entire period of said Lease and any extensions or renewals thereof and any subsequent assignee or successor of the parties hereto is bound thereby. 7. In the event this lease be voided by other than nonperformance on the part of Lessee, City agrees to pay unto Lessee the fair market value of the structure and equipment located on the demised premises, said value to be determined by three appraisers, one to be appointed by Lessor, one by Lessee, and a third selected by the two appraisers so appointed. The value will be determined by averaging the three -8 - Lessee during such period performs necessary maintenance against wear, tear and damage, Lessor will replace the same at Lessor's expense. Lessor shall be responsible for the re- placement, through deterioration of all bulkheads and public areas under the control of Lessee as aforesaid, provided, how- ever, Lessee shall have the responsibility for normal main- tenance and shall be further responsible for any damage occasioned as a result of acts of the Lessee, its agents, ser- vants, employees, or invitees. Equipment such as fenders, collars, cleats, etc., will be the sole responsibility of Lessee as to maintenance, repair and replacement at anytime. Lessee at -911 wi l maintain t:h%demised premises and all other structures and facilities under its control as aforesaid in good _,,, condition and in a state of good repair, cleanliness, and appear- az ance, .both exterior and interior. Lessee will maintain such °= landscaping upon the demised premises as is necessary to CQ make such premises as aesthetically attractive as possible. " _, ` m w 6. It is acknowledged between the parties that the aforesaid Block 8, constituting the demised premises under said Lease pursuant to this modification agreement, is a part and parcel of an entire complex owned by the City of Sanford, Florida, and constituting Sanford Riverfront Project, In connection therewith and contemporaneously with this modi- fication agreement and in order to effectuate the public purpose heretofore recited, the City of Sanford has entered into an operational contract with Monroe Harbour, Inc, for the purposes of operation of other facilities within said project area not constituting a part of the demised premises. Reference to said contract is hereby specifically made and said contract forms an integral consideration for the said Lease as modified, and runs with said Lease and is effectuated and binding as to the parties during the entire period of said Lease and any extensions or renewals thereof and any subsequent assignee or successor of the parties hereto is bound thereby. 7. In the event this lease be voided by other than nonperformance on the part of Lessee, City agrees to pay unto Lessee the fair market value of the structure and equipment located on the demised premises, said value to be determined by three appraisers, one to be appointed by Lessor, one by Lessee, and a third selected by the two appraisers so appointed. The value will be determined by averaging the three -8 - appraisals.sc obtained and`may be paid by Lessor over'a period not to exceed ten (10) years without interest. 8. In all other respects the aforesaid Lease dated March 14, 1967, aforesaid, remains unaltered and in full force and virtue. IN WITNESS WHEREOF, this instrument has been executed by the duly a xed>offleeki 'df tffreespective parties ae of the day and M( By year first above written. taa Signed, Seald and Delivered THE CITY -- �' 'G ar= in the presei #e oft H WI BY .. Attest o� M( By STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY that on this day personally appeared FLORIDA .. PP l3 0. . me, the undersigned authority, LEE P. MOORE and ROSA M'. ROTQNDO, Mayor and Clerk, respectively, of The City of Sanford, Florida, a municipal corporation, to hie known to be the persons who executed the foregoing instrument as such officers and they severally acknow- ledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned, and that they S/ affixed thereto the official seal of said corporation, and `that the said instrument is the act and deed of said corporation. ff f�ymti;! "'I tit VNESS my hand and official seal at Sanford, Seminole County, e Zs day of .� A. D. 1969. A 4''. w / Stat of r a at large My commission expires: / r..°P Pok ,Sidi i+ � it 41" Now _��_.�.j.�`�, E*Nree WY 13.1 p� lwwd cp W VA STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY that on this day personally appeared FLORIDA .. PP l3 0. . me, the undersigned authority, LEE P. MOORE and ROSA M'. ROTQNDO, Mayor and Clerk, respectively, of The City of Sanford, Florida, a municipal corporation, to hie known to be the persons who executed the foregoing instrument as such officers and they severally acknow- ledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned, and that they S/ affixed thereto the official seal of said corporation, and `that the said instrument is the act and deed of said corporation. ff f�ymti;! "'I tit VNESS my hand and official seal at Sanford, Seminole County, e Zs day of .� A. D. 1969. 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LEASE THIS INDENTURE, made and entered into at Sanford, Seminole County, Florida, this / 4 day of A.D. 1967, by and between THE,,GITY OF SANFORD, FLORIDA, a municipal corporation, hereinafter called the Lessor, and MONROE HARBOUR, INC., a Florida corporation, hereinafter called the Lessee, which terms shall include successors, legal representatives and assigns whenever the content hereof so requires or admits; WITNESSETH: That the parties hereto for and in consideration of the mutual covenants herein contained and in consideration of the payments and undertakings herein mentioned, made and to be made, have respectively promised uttwand covenanted and agreed each with the other as follows: ARTICLE I, DEMISE BY LESSOR. Upgn the terms and conditions hereinafter stated and in con- sideration of the payment from time to time of the rents herein provided to be paid, and in consideration of the prompt performance by the Lessee of the covenants hereinafter contained by the Lessee to be kept and per- formed, the. performance of each of which is declared to be an integral part of the consideration to be furnished by the Lessee, the Lessor does w,� hereby lease and let unto Lessee and Lessee hereby leases of and from Lessor the riai property lying and being in Seminole County, Florida, as delineated on Exhibit A,, attached hereto and by reference made a part hereof, '"said real property to be used solely by Lessee for the operation obi' marina and related. activities, 4 i �1q that Lessor has consented to the aforesaid gross revenue rental formula. All rents shall be payable in current legal tender of the United States of America and shall be payable at City Hall, Sanford, Florida. ARTICLE IV. REQUIRED C.,ONSTRUCTION. 1. Lessor covenants to provide the following facilities at its expense upon the demised premises hereby leased unto Lessee: (a) A wet marina facility which shall consist of one hundred twenty (120) berths, twenty (20) of which shall be covered, together with a harbor master's building. (b) A public boat ramp, which said ramp shall be operated and maintained by Lessee at no charge to the pt%lilic. (c) An approximate forty by twenty-five foot (25x40 ft.) wide wet slip for the purpose of installation by Lessee of a marine elevator. It is acknowledged by Lessee that said slip has been constructed according to Lessee's require- ments and that Lessor is not responsible for any foundation work necessary for the installation of such equipment as Is desired by Lessee. (d) Lessee acknowledges that the area described on Exhibit A has been constructed by Lessor according to plans and specifications heretofore approved by Lessee and that the same is satisfactory to Lessee from the standpoint of soil compaction, bulkheads, and other matters necessary for Lessee's contemplated construction requirements. (e) The bottom depth in the basins adjacent to dock -3- -7 faC$ities shall be three and one -half (3 -1/2) feet below tridan sea level. (f) To install lighting in and about the dock area lighting all piers; to provide water and electrical outlets on Piers A and C. according to plans prepared,by City's engineers. 2. .,Lessee covenants to construct the following upon the demised preoisess (a) A dry boat storage building of approximately twenty -five thousand (25,000) square feet, preliminary plans of which have been heretofore approved by Lessor. Construction plans and specifications thereof shall be approved by Lessor and said building shall provide at least two hundred (200) dry storage berths completely covered. (b) To install necessary water, sewer and electrical connections within the demised premises together with required paving and landscaping. Lessor providing a stabilized parking area dnd road adjacent to the dry boat storage area and water and sewer connections to the leased premises but not within the interior thereof. (c) Lessee shall promptly pay all utility charges Incidental to Lessee's operation. ARTICLE V. TAXES. Lessee covenants and agrees to pay unto Lessor the regular and uniform ad valorem taxes assessed and levied by the City of Sanford on all building improvements on the demised premises together with -4- required tangible and intangible personal property taxes. In the event for any reason it should be held by a court of competent jurisdiction that Lessor does not have the authority to tax such facilities, then a sum equal to such tax shall be paid to Lessor by Lessee as additional rent. ARTICLE VI. LESSOR'S INTEREST NOT SUBJECT TO MECHANICS' LIENS. Mechanics' liens pursuant to the provisions of Chapter 84, Florida Statutes, 1965, shall extend only to the interest of Lessee herein. The interest of Lessor expressly shall not be subject to any such liens for improvement and all parties whomsoever by these presents are notified of such fact. ARTICLE VII. FINANCING. Lessee shall obtain at its expense all necessary construction and /or permanent financing which may be required for the construction of the improvements herein contemplated. In connection therewith, Lessor will not subordinate its interest in the demised premises per- taining to the dry storage building construction or other construction contemplated by Lessee, provided Lessor will agree with any recog- nized reputable lending institution that in the event of default of the lease herein by Lessee, such lending institution may cure such defaults in order to preserve the term of the lease as its security and may operate the marina facilities and other facilities upon the demised premises pursuant to the terms of this lease. An express covenant of this lease on the part of Lessee to be performed is the prompt and timely payment of any and all mort- gages or other obligations incurred which affect the demised premises. -5- y' ARTICLE VIII. INSURANCE*' Lessor will provide public liability and property damage insurance naming Lessor as co-insured in a company or companies Triple A rated in Best's or its equivalent, and in such amounts as shall from time to time be required by Lessor; provided, however, such requirement shall not exceed One Million Dollars ($1, 000, 000.00). W Ithin the aforementioned One Million Dollars ($1, 000, 000.00) and to the extent of at least ninety percent (90 %) of insurable value, Lessee will maintain at its expense casualty insurance on the facilities constructed on the demised premises insuring against vandalism, fire and windstorm, or other usually insured perils. ARTICLE IX. MAINTENANCE. Lessee at its expense will operate, maintain; repair and replace all facilities constructed upon the demised premises whether constructed by Lessor or Lessee; provided, however, for and during a period of ten (10) years from the date of this lease in the event the concrete floatation equipment on the wet slips deteriorates to the extent that the same cannot be effectively used by Lessee, assuming Lessee during such period performs necessary maintenance against wear, tear and damage, Lessor will replace the same at Lessor's expense. Lessor shall be responsible for the replacement, through deterioration of all bulkheads and the public boat ramp; provided, however, Lessee shall have the responsibility for normal maintenance and shall be further responsible for any damage occasioned as a result of acts of Lessee, its agent, servants, employees, or invitees. Equip- ment such as fenders, collars, cleats, etc., will be the sole responsibility _6 f of Lessee as to maintenance, repair and replacement at any time. Lessee at all times will maintain the demised premises and all structures thereon in good condition and in a state of good repair, cleanliness, and appearance, both exterior and interior. Lessee will maintain such landscaping upon the demised premises as is necessary to make such premises as aesthetically attractive as possible. ARTICLE X. ASSIGNMENT AND SUBLETTING. This lease shall not be assigned nor any portion of the demised premises sublet without the express written cmWent .of Lessor which consent shall not be unreasonably withheld, except for the boat sales operation hereinbefore mentioned. In the event any such subletting is approved, the gross revenue formula applicable to rentals shall be applied either to the rent received by Lessee or to the gross revenues from all sources derived by the sublessee, which- ever is greatest. Anything herein to the contrary notwithstanding, Lessee shall have the right without Lessor's consent to assign this lease incidental to a corporate spin -off, consolidation or merger. ARTICLE XI. MISCELLANEOUS PROVISIONS. (a) Gross revenues hereinbefore specified shall be deter- mined annujlly by a certified audit to be provided by Lessee at its expense to Lessor. The books of Lessee shall be open for inspection and audit essor it any reasonable time during business hours. (b), A complete performance and completion bond shall be required on''sA construction initiated by Lessee. Lessee covenants to promptly pay all bills and satisfy any and all liens within thirty (30) -7- days after the same become; severally due on any construction; provided, however, in the event such liens should attach and Lessee desires to contest the same, then Lessee within said thirty (30) day period shall deposit with the Clerk of the Circuit Court of Seminole County, Florida, a sum of money sufficient to satisfy such lien or liens in the event the same are not successfully defended by Lessee. (c) Lessor covenants that it will not lease nor permit the operation of a competing facility upon the presently existing hydraulic fill area of which the demised premises is a part. It is acknowledged by Lessee and Lessor that Lessor contemplates the future extension of the hydraulic fill area and that in connection therewith it may be desirable to substantially expand the marina facility. In such event Lessee will be offered the right to operate and /or construct such additional marina facilities, upon terms satisfactory to Lessor, and in the event of refusal, then Lessor shall have the right to deal with any other person, firm or corporation, provided, however, in no event will Lessor offer said additional facilities to any other person, firm or corporation upon terms less than offered to Lessee without Lessee having first right to occupy said premises upon such terms. Any such contemplated construction shall be in accordance with Lessor's plans and specifications. ARTICLE XII. OPTION. At the end of the term hereof, Lessee shall have first refusal as t6`renewal of this lease for forty -five (45) ad' Itional years. In this respect Lessor shall, six (6) months in advance of the term hereof, provide to Lessee, in writing, terms and conditions of such renewal. Such terms shall be those received by Lessor from n. any bona fide prospective tenant, and in any event, not less than the terms herein specified. Within thirty (30) days thereafter, Lessee must signify its acceptance or rejection of the terms thereof. In the event the same are rejected, this lease will terminate and Lessee will at the expiration of the term hereof forthwith deliver up the premises in good condition subject to reasonable wear and tear. In the event such terms are refused by Lessee, Lessor shall then have the right to deal with any other person, firm or corporation upon such terms as Lessor sees fit, provided, however, Lessor will not let said premises to such other person, firm or corporation without Lessee having first refusal to meet such terms. All equipment permanently affixed to either the buildings located on the demised premises or anywhere within the demised premises shall remain and become the property of Lessor. By definition, permanently affixed means those which cannot be re- moved without damage to the premises and shall specifically include the marine elevator as hereinbefore described, ARTICLE XIII. INSOLVENCY. Subject to the provisions of Article VII. herein, this lease or any interest herein is not assignable by operation of law, including bankruptcy, whether voluntary or involuntary, or any other state or federal law relating to debtors, and no trustee, sheriff or purchaser at any judicial sale, or any officer or any court or receiver, except If appointed by Lessor, as hereinafter provided, shall acquire any right undetAs lease or to the possession or use of the W premises or any part thereof without prior written consent of Lessor. -9. ARTICLE XIV. TERMINATION. Upon default hereof by Lessee, this lease, at the option of Lessor, shall be null and void, and in addition thereto, Lessor shall have all other rights and remedies afforded to it under the laws of the State ti lbrida, including but not limited to, the right to apply to a court o competent jurisdiction for the appointment of a receiver, in which event Lessee by these presents does consent to such appoint- ment. Any &-don necessary by Lessor as a result of default by Lessee shall, in addition to all other rights and remedies, entitle Lessor to collect from Lessee all costs thereof, including a reasonable'sttorney's fee. In the event during any two (2) con- secutive years of the term herein, Lessee shows no profit from Its operation on the demised premises, Lessee may elect to terminate this lease without further liability, in which event all facilities l permanently affixed equipment as hereinbefore defined shall inure to and become the property of Lessor. Any encumbrance or other obligations on the equipment covered herein shall continue to and shall remain the obligation of Lessee. Upon default as herein- before provided on the part of Lessee prior to the termination, Lessor shall notify Lessee, in writing, of such default and Lessee shall have thirty (30) days within which to cure such default. In the event such default is not cured within such thirty (30) day period, then all ter- mination rights hereinabove specified shall inure to Lessor. WARRANTY. ARTICLE XV. Lessor warrants to Lessee the title to the demised premises -10- �1 `i and Lessor's right to lease the same, and by these presents agrees to defend the same against the lawful claims of all persons, firms or sovereignties whatsoever. THIS LEASE shall be binding upon the successors or assigns, as the case may be, where permitted herein, of the parties hereto. IN WITNESS WHEREOF, this instrument has been executed by the duly authorized officers of the respective parties hereto on the day and yekr rst above written, STATE OF FLORIDA ) COUNTY OF SEMINOL'E ) I HEREBY CERTIFY that on this day personally appeared before me, J O E B. BAKER and H. L. WHELCHEL, Mayor and Clerk, respectively, of THE CITY OF SANFORD, FLORIDA, a municipal cor- poration, to me known to be the persons who executed the foregoing instrument as such officers and they severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned, and that they affixed thereto -11- Signed, Sealed and Delivered THE CITY OF SANFORD, FLORIDA In t$e Dreser ee of: / . I e d +.._,.. the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my hand and official seal at Sanford, Seminole County, Florida, on the day of �ucu -�v A.D. 1967. I. .,,�,.,,.,� commission expires: STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY that on this day personally appeared before me HAROLD L. SLAMA and JAMES R. CLARK, President and Secretary, respectively, of MONROE HARBOUR, INC., a Florida corporation, to me known to be the persons who executed the foregoing instrument as such officers and they severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. WITNESS my hand and seal at Sanford, Seminole County, Florida, this day of A. D. 1967. ry eublic, Stoe of Florida S y co �; xpires: Z ;2 - -12- Zejal D escrr ption SANFORD R /VERFRON T PROJEC T 1 SANFORD, ,FLORIDA DESCR /P T /ON Beginning of o paint 47.11 tee/ North of the inferSection of Me Centerfines of Semino /e 6ou /eva -d and Pa/mepe gvenua act nrdiny to fhe. P1ef of ,CAKE Y /6W PFRK, o� recorded in F /ot Boo,t 3,. Po a 4/, of fhe 'o be Rcco r•df of Semgo /e Caunly, F /orida, said Poii�1 Gang. on /he Northerly Line of d LAKE V /EW PgRK, run .£O9'• /445 "f. o /on said Nor /ACr / L1ne e d afonce of /7L.S7 fe. >, fhence run War/,) 4X5. 4o Y'eet, fhence run N. L7••3G' -/P E. a di Taft cc of /7.27 fc eJ fhcn ec run NoNA 40.54 fee, fhence run 4a,, /44.09 feet, fhence run J. L'y•- /L'4s "E. Ielilcn cc of e9'4. 79 feet, /hence run N. 20'•43'- /S' "E, a dra/once of 547 OS feel fhence run N. 49' "y! o drs/once of 96/.04 fee/, /hence run S 34• 43' "W. o odic font. of 417.23' fe If, thence run S. /7 /4 45'G". a di :/once of LS Oa feet, fhence run S 49'•/4' -45'E. o distance of 1099L feet, /hence ran Y. 20•• f3'• fJ"E. adi +tooce of F. 47 feet fhence run SG9'- /L' -4S ^E. o distance 0, 27S 62 feel, fhence run Sorr/h 464.70 feel, fhence run S dirtoncc of 6222 feet to fhe Po,i,t of Beyinn,n9. rV —LA _ / AC)N R OE A169 %64ff - ,W 9&106" —.. 5300" 45f06' 1 X 9 2300" zM0 l W r 7 8 �� r � 1 AGR EEMENT TO LEASE THIS AGREEMENT, made and entered into this Z L day of March, A. D. 1966, by and between THE CITY OF SANFORD, FLORIDA, a municipal corporation, hereinafter called City, and MONROE HARBOUR, INC., a FlorJAs corporation, hereinafter called Corporation, W ITN,E.SSETH WHF=AS, City is enteripg into a program calling for the development tsr a marina commercial complex on a hydraulic fill area to be established along the Southerly shore of Lake Monroe within the City of Sanford, County,of Seminole, Florida; and WHFJtZAS, City is desirous of having a wet and dry storage marina operation on a portion of said fill area, also more specificall;, designated on the said proposed plans and specifications for said development) and WHEMS, City has been approached by Corporation in con- nection withJhe operation of a, gaid marina, and the construction and opera€1'5A'of'dry: storage fa+zilitiea, and the parties hereto have orally agrasii to enter a lease arrangement for said purposes, which lease will ing2ude and be subject to the provisions hereinafter set forth NPV THEREFORE; in consideration of the isiutual covenants herein contained., City agrees to lease to Corporation said premises hereinafter described,upon the :following terms and conditions, to -wit: ('a) Wet Marine, The demised premises as to the wet marina shal eonsidt of One huxOed twenty (120) berths, twenty (20) of which ah U be covared together with sufficie.ht.land area adjacent thereto to provide access and operation, including the harbor master's building, all of which are more particularly shown on said plans and spec ifieati,gps. ;(b} Dry -Stokge M6"na. The demised premises as to the dry storage marina shall consist of one (1) acre in the Southeast 7._ corner of said land on said hydraulic fill area, the dimensions of which sham: be agreed upon according to the shape of an ap- proximate t #E3ty -five thousand (S,OOC) square foot building to be constructed by Corporation, plans and specifications of which shall first be approved by City, and which will provide at least two 14undred. OO) dray storage berths completely covered. 21 - . The termsof,,aaid lease shall he for a period of fifty -five (55) years commencing at the date of completion of said land development by City, as hereinafter specified. 3. .Reuel. (a) Marina;:. As consideration for the wet marina and dry storage marina, Corporation shall pay to the City as base rental the sum of One Thousand and No /100 Dollars ($1,000.00) per year, pay- able annually,. in advance, on the anniversary date thereof, together with two and one -half per cent (2j %) of all gross revenues derived therefrom in excess of One Rundred Thousand and No /100 Dollars ($100..000.00) for and during a period of twenty (20) years. There- after a sum equal to five per cent (5 %) of all gross revenues in excess of One Hundred Thousand and No /100 Dollars ($100,000.00) shall be paid. Gross revenues shall be defined as all revenues derived from all sources within the combined marina operation in- cluding but not limited to rentals, repairs, boat sales, parts and accessories, and any other activity conducted. It has been re- presented unto City by Corporation that It is going to conduct a boat sale operation upon the demised premiss and that the gross revenues derived from said sales operation will be included in the above mentioned gross revenue figures. It is upon this. representation that City has consented to the aforesaid rental f.ormula. 4, Land Development City shall develop the demised premises in accordance with the plans and specifications prepared by City's engineers and agreed to by the parties hereto and in- corporated herein by reference. It is anticipated that said land development program will be commenced aPproximately April 1, 1966 - 2 - and Cpmplettd.approximately November 1966. 50 City shall not subordinate its interest in the demised premises pertaining to the dry storage building con- struotion, hdweVer, City will agree with any lending institution that in the event of default of the lease herein, such lending institution. _.Oure,such. defaults to preserve its purchase and to continue t e operation of the.marina facilities pursuant to the terms heropr, 6. The lease shall expressly prohibit liability as to City's interest in the demised premises for mechanics! liens in connection with the building improvements, which expressed pro- hibition shall be in accordance with Section 84.1.01, Florida Statutes 1963. 7. lnsuranoe: Corporation will provide public liability and property damage insurance naming the City as co- insured in such company and in such amounts as shall be from time to time required by City, provided however, the requirement as to amount shall never exceed One Million Dollars ($1,000,00O.,00). 8. Dai,scellaneous. .(a) Corporation shall contract with a reputable con- tractor of its selection for any improvements. (b) Corporation shall obtain construction or permanent financing necessary for said improvements. (c) A complete performance and completion bond shall be required on all construction. (d) Corporation shall annually pay unto the City its regular and uniform ad valorem taxes on all building improvements on the property, together . with required tangible personal property tax. In the event for any reason it should be held by a court of competent ;Jurisdiction that City does not have the authority to tax such facilities, then such tax equivalent shall be paid to the City as additional rent. °3- �0) Gross revenues hereinbefore specified shall be determined Annually by certified audit to be provided by Corpo- ration as its expense to City,proy'ided however, that the books of Corporation shall be open for inspection and audit by the City at any resas€3ale time during business hours, 9. t _Ram. A pz#bUO, boat ramp is to be constructed by City whieh as l ramp shall: be pper�ated and maintained by Corporation at no charge to the publics.. 10. A$aignmtat and Sublettip . The lease shall not be a signed nor. $4 portion of the demised premises sublet without written consent • or t ' City, which consent shall not be unreasonably with, held. Pertaft 3 to subletting, In the event sucah subletting is ap- proved, the gain as revenue formula applicable to rentals shall be applied either+ to the rent received by Corporation or to the gross revenues from all sources derived, by the subtenant, whichever is gre atest. 11. LWdItLonal Provisions In addition to the foregoing, City agrees ga_ follows; (a ) To provide a wet slip at the Fast end of the land fill area a+jaient to the dry storage area for the parpose of in- stalling a marine elevator. Said slip is to be in the approximate size of forty to fifty (40 to 50) feet long and t w enty - five (25) feet wide and expressly is not to include any foundation work by City for the installation of equipment. Corporation is to. immediately provide design requirements for the equipment to be used in connection with said slip in order that City will not be delayed in its con- struction. (b) City will provide utility connections to the demised sites but not within the interior of said sites. nor will City be responsible for any paving, maintenance, landscaping, or otherwise within the demised sites. 12. 9ption. At the end of the term hereof, Corporation shall have first refusal of a renewal of this lease for forty -five (45) 4- additional y0rd. In this respect City shall six (6) months in advance of the tom herecof provide to Corporation in writing terms and Qon4 tiona of auah renewal and to that degree, within 11 thirty (0) " thereafter Corporation must signify its acaept- tit ** or raJS#ftft Of Suah termo. In the event the same are re— jected, . . a will toralast& and Oarp6rat on [ill forthvith deliver cap Vbopremiaes in good eanditions subject' to reasonable wadi* and tear:; All equipment permanently affixed to either the buildings loeeted on the demised premises or anywhere within the demised premixes shall remain: upon the demised premises and become the property of City. By definition, permanently affixed means those which cannot be removed without damage to the premises and shall speci- fically Include the marine elevator as described in Paragraph 11(a herein. The aforesaid notice by the City as to terms shall be those received by the Oity from any bona Side prospective tenant. 13. 1 sot .fir. Subject to the provisions of Paragraph ", said lease or any interest therein is not assignable by operation of law, Including bankruptcy, whether voluntary or involuntary, or anyy other state or federal law relating, to debtors, and no trustee, sheriff, or purchaser at any Judicial sale, or any officer of any court or receiver, except if appointed by City, as hereinafter pro- vided, shall acquire any right under the lease or to the possession or use of the premises or any part thereof without the prior written. consent of City. 14. Termination. Upon default thereof by Corporation, the lease ht the option of City shall be null and ;:void, and in ad- dition thereto, the City shall have all other rights and remedies afforded to it under the laws of the State of Florfda, including but not limited to the right to apply to a court of competent juris- diction for the appointment of a receiver, in which event, Corporation by these presents does consent to much appointment. Any action necessary by.tne City as a result of default by Corporation shall in addition to all other rights and remedies entitled City to collect from Corporation all costs thereat ", including a reasonable attorney's PeB.: 15. trEtZ. City Shall warrant to Corporation the title to the 10&00 +e lr and City °s.:right to lease same and shall agree to defend tl _ *Z41nat the al ims of all parsons, YAK or sovereignitiea Whatsoever. IN WIMSS MMREOF, the parties hereto have caused these premises to be executed on the day and year first above written. STATE OF FLORIDA ) as. COUNTY OF SEMINOLE ) (Corporate Seal) 1 HES'EBY CERTIFY that can the/7 r 'day of March, A. D. 1966, personally appeared before me A ":"T WILSON and H. L. I*MLCHEL, Mayor and Clerk, respectively of the City of Sanford, Florida, a municipal corporation, to me known to be the persons who -W the: t°roregelns instrument as such offlears and they awe cr :r ctcva tiD VtYGiti Vii av cl:•a t VI ` GriC uzot5 aria paurposes i56ere3.n mentioned, and than they affixed thereto the official seal of said corporation, and that the said instrument is the act and deed of said corporation. 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