019-SCC-Water Storage FacilityL E A S E
THIS LEASE, made and entered into this 8th day of
June , A.D. 1976, by and between SEMINOLE COMMUNITY
COLLEGE, hereinafter referred to as "Lessor ", and CITY OF
SANFORD, a municipal corporation existing under the laws of the
State of Florida, hereinafter referred to as "Lessee ";
W I T N E S S E T H:
WHEREAS, the parties hereto have agreed for Lessor to
Lease a parcel of real property to Lessee to enable Lessee to
construct a water storage facility in accordance with the terms
and provisions hereinafter set forth; and
WHEREAS, said property is subject to a reverter pro-
vision in that certain conveyance from the District School Board
of Seminole County, Florida, to the District Board of Trustees of
Seminole Junior College dated April 7, 1971, and recorded in
Official Records Book 837, Page 435, Public Records of Seminole
County, Florida, which said reverter provision provides that in
the event: the property is used for purposes other than public
education purposes, title to said property shall revert to the
Grantor; and
WHEREAS, the District School Board of Seminole County,
Florida, has by appropriate Resolution agreed to release from said
reverter provision the real property which is the subject matter
of this Lease and authorized the appropriate officials to execute
an appropriate release to be recorded on the Public Records of
Seminole County, Florida.
NOW, THEREFORE, the parties hereto agree as follows:
1.. Lessor agrees to lease to Lessee the following
described real property, to wit:
Beginning at the SW corner of the SE 1/4 of
Section 15, Township 20 South, Range 30 East
run North 25 feet to P.O.B., thence North 20
feet, thence 178 feet more or less East to
the South Right -of -Way of the Florida Power
& Light. Company, thence Northeasterly along
said South Right- of -Way line 530 feet more
or less to a point 175 feet North of the
South property line of Lot 53, SANFORD
SUBSTANTIAL FARMS, as recorded in Plat
Book 5, Pages 83 and 84, Public Records of
Seminole County, Florida, thence 175 feet
South to a point on said South property
line of Lot 53, thence 679 feet more or
less west along the South property line
of Lots 53, 54, 55, SANFORD SUBSTANTIAL
FARMS to P.O.B.
for. the term of ninety -nine years from the date of this Lease,
subject to terms and conditions hereafter set forth.
2. Lessee hereby covenants with Lessor that the leased
property shall be used for the construction, maintenance and
operation of a water storage facility and Lessee specifically
covenants with Lessor that Lessee shall construct on said property
ground storage tanks, which said storage tanks shall be similar
in design, size and structure as that existing facility owned and
operated by Lessee at the Mayfair Country Club, Sanford, Florida.
3. Lessee further covenants with Lessor that Lessee
shall within six (6) months from date of commencement of
construction install. a six (6) foot chain link fence around the
boundary line of the land described aforesaid.
4. No sign, notice or other advertising shall be
erected, inscribed, painted, affixed or displayed on any part of
the leased premises or any structure thereon without prior written
consent of Lessor.
5. Lessee agrees that the property described herein
shall not be used for any other purpose than the specific purpose
specified in Paragraph 2 aforesaid.
6. Lessee covenants and agrees to operate the facility
in a safe mariner and Lessee shall indemnify and hold harmless
Lessor against all claims arising from the conduct or management
of, or from any work or thing whatsoever done in or about, the
leased premises or any building or structure thereon or the equip-
I ment thereof during the term of this lease, arising during such
term from any condition existing on the leased premises, arising
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from any act or negligence of Lessee or any of his agents,
contractors, or employees, or arising from any accident, injury,
or damage whatsoever, however caused, to any person or persons or
to the property of any person, persons, corporation, or corpora-
tions, occurring during such term on, in, or about the leased
premises. Lessee shall also indemnify and hold harmless Lessor
against all costs, counsel fees, and liabilities incurred in or
about any such claim or in or about any action or proceeding
brought thereon, and in case any action or proceeding be brought
against Lessor by reason of any such claim, Lessee shall, on
notice from Lessor, resist or defend such action,or proceeding
by counsel satisfactory to Lessor.
7. Lessee specifically agrees to secure the instrument
releasing the property described herein from the reverter
provision and to record same on the Public Records of Seminole
County, Florida. Lessee further agrees that this Lease shall not
become effective until recording of such instrument.
H. The consideration for this Lease in the sum of
One Dollar ($1.00) and other good and valuable past and present
considerations between the parties hereto, which said considera-
tions each of the parties hereby acknowledge and confirm.
9. In the event Lessee at any time ceases to use the
property described herein for a water storage facility, this
Lease shall terminate.
10. All improvements and additions to the leased
premises shall at the option of the Lessor be removed upon the
termination of this Lease and the premises restored to its
original condition and the cost of such removal in restoring the
premises to its original condition shall be at the sole expense
of the Lessee.
11. Lessee represents unto Lessor that Lessee does not
at this time know when Lessee will be in a position to proceed wi
the construction of the water storage facility; however, Lessee
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agrees to complete said construction within ten (10) years of
the date of this Lease.
12. In the event the construction of the proposed water
storage facility is not completed ten (10) years from the date of
this Lease, then this Lease shall terminate.
13. The Lessor may elect to terminate this Lease for
the default by Lessee of any of the terms and conditions hereof
by giving written notice to Lessee of the default by Lessee and
if the default has not been corrected within zn _ ( h ,.,,,., )days
thereafter this Lease shall terminate. The Lessor shall have the
right to obtain reimbursement of Lessee of any expenses incurred
in regaining possession of the premises including a reasonable
attorney's fee.
14. Prior to commencement of construction of proposed
water storage fac=ility, the Lessee shall maintain the leased
premises in a manner and condition similar to the manner and
condition of lands adjacent thereto owned by Lessor. After
commencement of construction of the proposed water storage
facility the Lessee shall maintain the lands of the leased pre-
mises in a landscaped manner acceptable to Lessor.
15. Lessee shall not sell or assign this Lease or
sublet the leased premises or any part thereof_
IN WITNESS WHEREOF, the parties hereto, with proper
authority from their Boards and Commissions, have executed this
Lease under Seal in Seminole County, Florida, the day and year
hereinafter written.
DATED this 8th day of June
(Signed, sealed and delivered
in the presence of:
I As to Lessor
A.D. 1976.
SEMINOLE COMMUNITY COLLEGE
BY:
rmanyor the Board o
LESSOR
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i
�} I
DATED this 12th day of July , A.D. 1976.
CITY OF SANFORD, FLORIDA
As to Lessee `
STATE OP' FLORIDA
COUNTY OF SEMINOLE
BY:
Mayor
ATTEST:
y Cler
LESSEE
I HEREBY CERTIFY that on this 8th day of June
1976, before me personally appeared Carol P. Stenstrom
Chairman. of the District Board of Trustees of Seminole Community
College, a political subdivision of the State of Florida, to me
known to be the person described in and who executed the foregoing
Lease and acknowledged the execution thereof to be his free act
and deed as such officer, for the uses and purposes therein
mentioned; and that he affixed thereto the official seal, and the
said instrument is the act and deed of said political subdivision.
WITNESS my signature
Seminole County, Florida, the
My Commission Expires:
NO'ARt PI7^PtIC S7AYE Of 1`I0'.17DA AT LARGE
My COMMISSION EXPWR S MAR, 24, 7978
SONOED THiZU rENERAL INSURANCE UNDERVlRI,c"
STATE OF FLORIDA
COUNTY OF SEMINOLE
and official seal at Sanford,
day and year last aforesaid.
Notary Public; State -cf Florida.
I HEREBY CERTIFY that on this -day of
1976, before me personally appeared LEE P. MOORE and - H. M. AtIM,
JR., Mayor and City Clerk respectively of CITY OF SANFORD, FLORIDA,
a municipal corporation under the laws of the State of Florida, to
me known to be the persons described in and who executed the fore -
going Lease and severally acknowledged the execution thereof to be
their free act and deed as such officials, for the uses and
purposes therein mentioned; and that they affixed thereto the
'offi -cial seal. of said municipal corporation, and the said instru-
ment is the act and deed of said municipal corporation.
WITNESS my signature and official seal at Sanford,
Seminole County, Florida, the day and year last aforesaid.
IMy Commission Expires:
Notary 1'ub:Li.c; State of 'lortda -.
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