033-Harbour Place Partnershipf
r
Ga3 3
LEASE
THIS LEASE is made and entered into this a 3 ? day of
&A� . , 1995, by and between the CITY OF SANFORD, FLORIDA,.
a municipal corporation, hereinafter called "the City" or "Lessor"
and HARBOUR PLACE `PARTNERSHIP, 305 Douglas Avenue, Altamonte
Springs, FL 32714 -3332, hereinafter called "Harbour Place" or
"Lessee."
W I T N E S S E T H:
WHEREAS, Harbour Place owns the building located on the
following described real property, hereinafter called the "Prior
Leased Property ":
Beginning at the Northeast corner of Lot 1, 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 N. 69 °16'45" W., along
the Northerly line of said Lot 1, a distance of 400 feet,
thence run S. 41 0 26 1 19" W., 144.33 feet, thence run S.
69 0 16'45" E., 451.06 feet to the Easterly line of Lot 1,
thence run N. 20 0 43 1 15" E., 135.00 feet to the Point of
Beginning. Containing 1.2397 acres (54,000 square feet).
Together with access for ingress and egress over the
paved road known as -North Palmetto Avenue extended from
its intersection with Seminole Boulevard to the demised
premises described herein; and
WHEREAS, the City owns the Prior Leased Property but not the
improvements and building located thereon; and
WHEREAS, there is an existing Lease upon the Prior Leased
Property dated 25, 1985, Addendum dated April 3, 1986, and
Second Addendum dated April 28, 1986 (hereinafter collectively
referred to as the "Prior Lease Documents "); and
WHEREAS, the City and Harbour Place are desirous of entering
into this Lease, which shall supersede and replace the Prior Lease
Documents.
T T ♦ n LV
THIS INDENTURE of Lease, made and entered into at Sanford,
Seminole County, Florida, this 25th day of November . A. D. 1985, by
and between the CITY OF SANFORD, FLORIDA, a municipal corporation,
hereinafter called Lessor, and
John Smith , hereinafter'
called Lessee, which terms shall ii.clude 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
rental 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
j . lared that the operation of the facilities hereinafter degrri hP6
to be a valid public purpose and of great value to the CITY OF SANFORD
land its inhabitants;
NOW, THEREFORE, for and in consideration of the mutual
covenants herein contained and in consideration of the payments ane
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 any
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 anc
(being situate in Sanford, Seminole County, Florida, commonly known as
the paved parking lot North of the dry storage building at Monroe
Harbour Marina, more particularly described as follows:
Beginning at the Northeast corner of Lot 1,
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 N. 69 W., along the
Northerly line of said Lot 1, a distance of
400.00 feet, thence run S. 41 W., 144.33
feet, thence run S . 69 E. , 451 .06 feet to
the Easterly line of Lot 1, thence run N.
20 E., 135.00 feet to the Point of
Beginning. Containing 1.2397 acres (54,000
square feet).
2. The term and duration of this Lease shall be for a
period of fifty -five (55) years, commencing on the 25th day of
November , 1985, and continuing up to and including the 24t hday of
November , 2040.
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 FOUR THOUSAND SIX HUNDRED NINETY EIGHT AND NO /100
($4,698.00) 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 NO /100 ($100,000.00) DOLLARS of gross
sales and as hereinafter defined plus two and one -half (2 1/2 %)
percent of all gross sales of ONE HUNDRED THOUSAND AND N01100
($100,000.00) DOLLARS up to TWO HUNDRED THOUSAND AND NO /100
($200,000.00) DOLLARS and further five (5 %) percent of all gross sales
in excess of TWO HUNDRED THOUSAND AND N01100 ($200,000.00) DOLLARS, it
being the intent of the parties hereto that the FOUR THOUSAND SIX
HUNDRED NINETY EIGHT AND NO /100 ($4,698.00) DOLLARS as mentioned
hereinabove shall be a minimum annual rent; and accordingly, any
additional rentals shall be upon the formula as set forth herein.
Gross sales shall be defined as all income derived from all sources
within the area of Lessee's occupancy whether said income shall be in
the nature of rentals of equipment, storage facilities, office space,
retail space or any other incident related to the rental of equipment
or property or sales of merchandise by Lessee to any other person or
entity of any nature whatsoever on the premises.
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 lakeside plaza and any and
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all buildings and other improvements necessary and related to the
accomplishment of the foregoing. Said improvements will be
constructed pursuant to plans and specifications attached hereto and
incorporated herein by reference. Any revisions, additions to or
deletions from plans and specifications as attached hereto and
incorporated herein by reference shall require the express written .
consent of the City Commission prior to commencment of said revisions,
additions or deletions.
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,
agrees to pay the annual ad valorem taxes assessed and levied by any
taxing 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
companies acceptable to Lessor in such amounts and from time to time as
shall be required by Lessor provided, however, that such requirements
will not exceed ONE MILLION AND NO /100 ($1,000,000.00) DOLLARS.
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. Furthermore,
Lessee shall, at all times, maintain and repair the premises and the
landscaping in a prompt, efficient and workmanlike 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
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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 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.
11. Gross revenues hereinbefore specified shall be
determined annually by a certified audit prepared by a licensed C.P.A.
and shall be furnished to the City by Lessee at Lessee's sole expense.
Said audit shall be delivered to the City within sixty (60) days of the
anniversary date of this Lease and continue yearly thereafter for the
entire term of this Lease or any extensions hereof. The books of
Lessee shall be open for inspection and audit by Lessor at any
reasonable time during normal business hours Monday through Friday.
12. A complete performance and completion bond shall be
required on all construction initiated by Lessee. Lessee covenants
to promptly pay all bills and satisfy any and all liens within thirty
(30) days after the same become severally due on any construction;
provided, however, in the event such lien should attach and Lessee
desires to contest the same, then Lessee would within said thirty day
period deposit with the Clerk of the Circuit Court of Seminole County,
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Florida a sum of money sufficient to satisfy such lien or liens in the
event the same are not successfully defended by Lessee.
13. Lessee covenants that it will not compete, nor permit)
its tenants, sublessees, assigns, or employees to compete with
existing businesses located on the Riverfront Project owned by the
City of Sanford. Specifically, Lessee shall not permit the operation
of another motel, restaurant, lounge, marina, or business normally
conducted by said entity on the premises.
14. Lessee shall be required at all times to provide on-
site parking in accordance with existing City regulations. Parking
spaces on other parcels of the Sanford Riverfront Project or public
parking located nearby shall not be counted toward satisfying the on-
site parking requirements of the City of Sanford.
15. Option. At the end of the term hereof, Lessee shall
have first refusal of a renewal of this lease for forty -five (45)
additional years. In this respect City shall six (6) months in
advance of the term hereof provide to Lessee in writing the terms and
conditions of such renewal and to that degree, within thirty (30) days
thereafter Lessee must signify its acceptance or rejection of such
terms. Failure of the Lessee to respond within thirty (30) days shall
constitute rejection. In the event the same are rejected, this Lease
will terminate and Lessee will forthwith deliver up the premises in
good condition subject to reasonable wear and tear. All equipment
permanently affixed to either the buildings located on the demised
premises or anywhere within the demised premises shall remain upon the
demised premises and become the property of City. By definition,
permanently affixed means those items which cannot be removed without
damage to the premises and shaii specifically include but not be
limited to all buildings, fixtures, structures, appliances,
landscaping, walkways, awnings, utilities and signs.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals to this Lease on the day and year as above written.
M=
ATTEST:
itnes as to Lessee
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF SA FORD FLORID
By:
;7 MAYOR
BEFORE ME, the undersigned authority, duly authorized in
the City and State aforesaid to take acknowledgments, personally
appeared Bettye D. Smith, H. N. Tamm Jr.. and .john Smith
, who acknowledged that he signed the
foregoing Lease for the purposes therein expressed.
WITNESS my hand and official seal this 16t day of
December , A. D. 1985.
Notary Public
State of Florida at Large
My Commission Expires: ! — /� �
ADDENDUM TO LEASE
THIS ADDENDUM, made the date below recited, to that
certain LEASE dated November 25, 1985 (executed December 16,
1985), by and between the CITY OF SANFORD (LESSOR), and JOHN
SMITH (LESSEE), establishing a portion of SANFORD RIVERFRONT
PROJECT as leasehold (hereinafter called LEASE). LESSOR and
LESSEE agree as follows:
W I T N E S S E T H:
1. That as of this date, LESSEE is not in default
under any terms of the LEASE of the premises leased by LESSEE.
2. That in the event of any default under such LEASE,
LESSOR will not terminate the LEASE or take any action to enforce
any claim with respect thereto without giving to LENDER at least
thirty (30) days' prior written notice and the right to cure such
default within said period; and so long as the LENDER has not
entered in possession of the premises leased in LEASE, it shall
not be liable for rent or any other obligation of LESSEE pursuant
to, or in connection with said LEASE, and LESSEE shall remain
liable for all such rents and obligations.
3. That all other provisions of that certain LEASE
dated November 25, 1985, entered into between the parties are
ratified and confirmed and shall remain in full force and effect.
Signed, sealed and delivered this 3rd day of
April , 1986.
ATTEST:
CL
'/'.X ✓`4-'
Wi esses as to LESSEE
CITY OF SANFORD, FLO IDA
BY: {�
MAYOR
LMSOR
,-
JOHN ST H
LESSEE
. 4M'
Stenstrom, McIntosh, Julian, Colbert & Whigham, P. A.
Attorneys and Counsellors at Law
Douglas Stenstrom Kenneth W McIntosh Ned N. Julian, Jr.
William L. Colbert Frank C. Whigham Clayton D. Simmons
Thomas E. Whigham Robert K. McIntosh
Suite 22 Sun Bank
Post Office Box 1330 Sanford, Florida 32772 -1330 (305)322-'2171
April 24, 1986
Frank Faison, City Manager
City of Sanford, Florida
Sanford City Hall
Post Office Box 1778
Sanford, Florida 32772 -1778
Dear Frank:
Enclosed please find a Second Addendum to Lease on the Lakefront
Project. We have been contacted by the attorney for the lender who is
making a construction loan to John Smith. They are concerned because
North Palmetto Avenue as extended from its intersection with Seminole
Boulevard is not a platted and dedicated street in the city limits of
Sanford. They require some type of language in the lease to assure
ingress and egress from the property leased by John Smith to the
nearest platted public road which is apparently Seminole Boulevard.
Therefore, we have prepared a Second Addendum to the Lease. The only
change in the lease is contained in the last sentence of Paragraph 1 of
the Addendum. We believe that this Addendum can be signed by the City
without further action on the part of the City Commission for the
following reasons:
1. The City intended to lease the property with access over
North Palmetto Avenue extended because that is the only means of
access to the property; and
2. If access is not specifically shown on the Lease, it would be
implied by law over the most direct route from the property to the
nearest platted road, which happens to be North Palmetto Avenue
extended.
Ihave discussed this language with Lawrence Carroll, attorney for the
lender, and he has approved the language and indicated this will solve
the problem.
Sincerely,
STENSTROM, McINTOSH, JULIAN,
COLBERT WHIGHAM, P. A.
Williaan L. Colb^rt
WLC /lss
Enclosure
SECOND ADDENDUM TO LEASE
THIS ADDENDUM, made the date below recited, to that certain
LEASE dated November 25, 1985 (executed December 16, 1985), by and
between the CITY OF SANFORD, FLORIDA, (LESSOR), and JOHN SMITH
(LESSEE), establishing a portion of SANFORD RIVERFRONT PROJECT as
leasehold (hereinafter called LEASE), LESSOR AND LESSEE agree as
follows:
W I T N E S S E T H:
1. That Paragraph 1 of the LEASE recited above is amended
to read as follows:
"I. 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, commonly
known as the paved parking lot North of the dry storage building at
Monroe Harbour Marina, more particularly described as follows:
Beginning at the Northeast corner of Lot 1,
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 N. 69 W., along the
Northerly line of said Lot 1, a distance of
400.00 feet, thence run S. 41 19" W. , 144. 33
feet, thence run S. 69 E. 451.06 feet to
the Easterly line of Lot 1, thence run N.
20 15" E. , 135 feet to the Point of Beginning .
Containing 1.2397 acres (54,000 square feet).
Together with access for ingress and egress over
the paved road known as North Palmetto Avenue
extended from its intersection with Seminole
Boulevard to the demised premises described
herein."
2. That all other provisions of that certain LEASE dated
November 25, 1985, and Addendum to 1,ease dated April 3, 1986, entered
into between the parties are ratified and confirmed and shall remain
in full force and effect.
I
TATE OF FLORIDA
OUNTY OF SEMINOLE
n the
ersonally
BEFORE ME, the undersigned authority, duly authorized
City and State aforesaid to take acknowledgments,
appeared Bettye D. Smith and H. N. Tamm, Jr.
, who acknowledged that they
igned the foregoing ADDENDUM TO LEASE for the purposes therein
xpressed.
WTTNESS my hand and official seal this 3rd day of
aril , 1986.
Q-
o ary Public
State of Florida at Large
My Commission Expires:
Notary public, State of Florida
y Commission Exp
ires Feb. 17, 1990
Bonded Thru Troy Fain •Insurance Inc.
STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME, the undersigned authority, duly authorized
in the City and State aforesaid to take acknowledgments,
personally appeared John Smith, who acknowledged that he signed
the foregoing ADDENDUM TO LEASE for the purposes therein
expressed.
WITNESS my hand and official seal this Third day of
April, 1986.
No ary Public
State of Florida at Large
My Commission expires:
Notary public, State of Florida
PRy ires Feb. 17, 1990
Commission Exp
Bonded Thru Troy Fain • nsur3n- "C'
MAE
l Signed,
1
A. D
ATTEST:
sealed and delivered this
•:•
J
CLE
t esses as t6
STATE OF FLORIDA
COUNTY OF SEMINOLE
C day of
CITY OF SANFORD, FLORIDA
By:
MAYOR
JOHN SMITH
BEFORE ME, the undersigned authority, duly authorized in
the City and State aforesaid to take ackn wledgments, personally
appeared ,�x� lU. n�1 r ��c �6i,n 'rA'T'
0 r , who
acknowledged that they signed the foregoing SECOND ADDENDUM TO LEASE
for the purposes therein expressed.
WITNESS my hand and official seal thi day of
A. D. 1986.
N�aryy Pu blic
State of Florida at Large
My Commission Expires:
Notary Public, State of Florida
MY Commission Expires Feb. 17, 1990
bonded Thru yroy Fain : Insurance InC,
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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 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
situated in Sanford, Seminole County, Florida, commonly known as
One Harbour Place, hereinafter referred to as the "Leased
Property ", and more particularly described as follows:
Beginning at the Northeast corner of Lot 1, 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 N. 69 0 16 1 45' W., 140
feet for a Point of Beginning; thence continue W.
69 0 16 1 45' W. along the Northerly line of said Lot 1, a
distance of 260 feet; thence run S. 41 0 26 1 19" W., 144.33
feet; thence run S. 69 0 16 1 45" E. 311.059 feet to the
Easterly line of Lot 1; thence run N. 20 0 43 1 15" E. 135.00
feet to the Point of Beginning. Containing 0.885 acres
(38545.6 square feet).
2. The term and duration of this Lease shall terminate on
the 31st day of December, 2040.
3. That Lessee hereby covenants and agrees upon execution of
this Lease to pay to Lessor as rent for calendar year 1996 the sum
of THREE THOUSAND THREE HUNDRED FIFTY - THREE AND NO 1100 ($3,353.00)
DOLLARS with subsequent annual rentals to be due in advance without
demand on January 1 of each year for each and every year of the
term of this Lease, at the office of the Finance Director of the
City of Sanford, Post Office Box 1788, Sanford, Florida 32772 -1788 .
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!Y e F
and to pay to Lessor as rent from.September 1 1995 -to December
31, 1995, monthly.rent:of $279:42.
4. Both parties agree that the annual rent of Three thousand
three hundred fifty -three dollars ($3,353 00))yshall >dziar`ease� three''`
percent c; (3 &-) beginnigq January 1 1997 shall increase `'three`
percent -(3a) per year for each and every year thereafter during " Phe
term of this Lease.
5. It is furthermore agreed that all improvements located
upon the Leased Property shall upon the termination of this Lease,
including any renewal in accordance with paragraph 14 herein,
revert in fee simple absolute to the City of Sanford.
6. Lessee, in addition to the rentals required herein,
agrees to timely pay all the annual ad valorem taxes and any other
taxes or assessments levied by any governmental authority on all
land, buildings, improvements, or personal property on the Leased
Property. If the Lessor elects to pay said taxes or assessments on
behalf of Lessee, Lessee,-on demand, shall reimburse Lessor for all
sums actually paid on Lessee's behalf.
7. Lessee shall further provide public liability and
property damage insurance naming Lessor as co- insured in a company
or companies acceptable to Lessor in such amounts as shall be
required by Lessor provided; however, that the required minimum
insurance policy limits shall not exceed ONE MILLION AND NO 1100
($1,000,000.00) DOLLARS. Lessee shall also continuously carryfull
replacement cost broad form hazard insurance on all improvements.
8. Lessee, at its sole expense, will operate, maintain and
__3__
.i
repair all improvements constructed upon the Leased Property and
will further place and maintain landscaping in all appropriate
areas to create an aesthetically attractive improvement.
Furthermore, Lessee shall, at all times, - maintain -and repair the'
improvements and the landscaping in 'a prompt, efficient and
workmanlike manner for the benefit of themselves and the public at
large. Lessee shall promptly comply with all statutes, ordinances,
rules, orders, regulations and requirements of the Federal, State
and City Government and of any and all of their Departments and
Bureaus applicable to said improvements and the Leased Property,
for the correction, prevention, and abatement of code violations,
nuisances or other grievances, in, upon, or connected with the
improvements and the Leased Property during the term of this Lease;
and shall also promptly comply with and execute all rules, orders
and regulations of the applicable fire prevention codes for the
prevention of fires, at Lessee's own cost and expense.
9. Lessee shall not assign this Lease or any part thereof
nor use the same, or any part thereof, nor permit the same, or any
part thereof, to be used for any other purpose than as herein
agreed, nor make any alterations therein, nor any additions
thereto, without the written consent of the Lessor, which consent
shall not be arbitrarily or capriciously withheld. All additions,
fixtures or improvements which may be made by Lessee, except
movable office furniture, shall become the property of the Lessor
and remain upon the Leased Property as a part thereof, and be
surrendered with the Leased Property at the termination of this
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r C
lease, including any renewal in accordance with paragraph 14,
herein.
10. Lessee shall not be liable for any 'p`rior:environmental
contamination of the Leased Property, nor for cleanup of same.
Lessee shall be resppnsible for any environmental contamination
that results from its occupancy or subleasing of the Leased
Property.
11. Lessee shall have the right of first refusal to lease
that property deleted from the Prior Lease Documents by this new
Lease, should the City, in the future, choose to lease same;
however, this right shall be predicated on Lessee's willingness to
develop said property in a manner acceptable to the City of
Sanford.
12. It is acknowledged that the City's Land Development Code
parking requirements have changed since construction of the
existing building on the Leased Property. The Leased. Property
contains forty -two (42)- parking spaces while the City's Land
Development Code requires fifty (50) parking spaces for the
existing facility for ordinary commercial use and requires more
parking spaces if certain other commercial uses were present. The
undeveloped land in the Prior Lease Documents could have been
developed into thirty -four (34) additional parking spaces.
Therefore, the Leased Property, including any expansion thereof in
accordance with paragraph 11 above, shall be deemed to have 84
parking spaces for purposes of compliance with the City's Land
Development Code Parking Requirements.
I
- -5 --
13. Lessee shall not permit the operation of a motel,
restaurant, lounge, marina, bar or package store on the'.Leasea
Property!: This paragraph shall be deleted from this Lease as soon
as the corresponding non - compete clauses can be deleted from the
other City leases on�the Riverfront property [paragraph 11 of the
Holiday Inn Lease dated May of 1995 and Article XI(c) of the Monroe
Harbor Inc, Lease dated March 14, 1967).
14. At the end of the term hereof, Lessee shall have first
right of refusal of a renewal of this lease for forty-five (45)
additional years. In this respect the City may, six (6) months in
advance of the expiration of this Lease, provide to Lessee in
writing the new terms and conditions of such renewal and within
thirty (30) days thereafter- Lessee shall signify its written
acceptance or rejection of such terms. Failure of the Lessee to
respond within thirty (30) days shall constitute rejection. In the
event the renewal terms are rejected by Lessee, this Lease shall
terminate on December 31;.2040, and Lessee shall forthwith deliver
up the premises in good condition subject to reasonable wear and
tear. All equipment permanently affixed to either the buildings
located on the Leased Property 'or anywhere within the Leased
Property shall remain upon the Leased Property and become the
property of the Lessor. By definition, permanently affixed means
those items which cannot be removed without damage to the
improvements and shall specifically include but not be limited to
all buildings, fixtures, structures, landscaping, walkways,
awnings, utilities and signs.
-6--
15. Upon default hereof by Lessee, this Lease at the'optioi'
of Lessor, shall be declared null and void .inw, which evenO40
improvements and permanently - affixed equipment shall enure'toarid;
become the property of Lessor. In addition, Lessor shall have all
the 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 appointment of a receiver
and for all other remedies provided for by law and specifically
including all remedies set forth in Chapter 83 of the Florida
Statutes. The timely payment of the rent for the Leased' Property,
and the faithful observance of all terms of this Lease, are the
conditions upon which the Lease is made and accepted and any
failure on the part of the Lessee to comply with any term of this
Lease, shall at the option of Lessor, work a forfeiture of this
Lease, and all of the rights of Lessee herein.
16. If Lessee shall become insolvent or if bankruptcy
proceedings shall be begun by or against Lessee before the end of
the.term of this Lease, the same shall constitute a default of this
Lease and Lessor is hereby irrevocably authorized at its option, to
forthwith cancel this Lease. Lessor may elect to accept rent from
such receiver, trustee, or other judicial officer during the term
of their occupancy in their fiduciary capacity without affecting
Lessor's rights as contained in this Lease, but no receiver,
trustee, or other judicial officer shall ever have any right, title
or interest in or to the Leased Property by virtue of this Lease.
17. In the event of any default under this Lease, Lessor will
--7 --
not terminate this Lease or take any action to enforce any claim
fi..0
with respect,.thereto without giving to the holder of any mortgage
on" impro ements located on- the Leased Property, hereinafter
referred ^;to .as < "the Lender ", at least thirty (30) days prior
written ,notice and the right to cure such default within said
period; and so long as the Lender has not entered in possession of
the Leased Property, it shall not be liable for rent or any other
obligation of Lessee pursuant to, or in connection with this Lease,
and Lessee shall remain liable for all such rents and obligations.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals to this Lease on the day and year first written above.
Signed, sealed and delivered CITY OF SANFQRD, FLQRIDA
in the presence of: _
p By;
7 B TT D. SMITH, MAYOR
Witness
4io lJt�i�
Witness
SANFOE \OHP.LSE
SOUR t1l PARTNERSHIP
By vc ^- l t{ry c fi
Title: €
$1,
__g__
f
not terminate this Lease or take any action to enforce any claim
fi..0
with respect,.thereto without giving to the holder of any mortgage
on" impro ements located on- the Leased Property, hereinafter
referred ^;to .as < "the Lender ", at least thirty (30) days prior
written ,notice and the right to cure such default within said
period; and so long as the Lender has not entered in possession of
the Leased Property, it shall not be liable for rent or any other
obligation of Lessee pursuant to, or in connection with this Lease,
and Lessee shall remain liable for all such rents and obligations.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals to this Lease on the day and year first written above.
Signed, sealed and delivered CITY OF SANFQRD, FLQRIDA
in the presence of: _
p By;
7 B TT D. SMITH, MAYOR
Witness
4io lJt�i�
Witness
SANFOE \OHP.LSE
SOUR t1l PARTNERSHIP
By vc ^- l t{ry c fi
Title: €
$1,
__g__
Stenstrom, McIntosh, Julian, Colbert e whigham, F. A.
Attorneys and Counsellors at Law
Douglas Stenstrom Kenneth W McIntosh Ned N. Julian, Jr.
William L. Colbert Frank C. Whigham Clayton D. Simmons
Thomas E. Whigham Robert K. McIntosh
Suite 22 Sun Bank
Post Office Box 1330 Sanford, Florida 32772-1330 (305) 322 -2171
March 19, 1986
Frank Faison, City Manager
City of Sanford, Florida
Sanford City Hall
Post Office Box 1778
Sanford, Florida 32772 -1778
Dear Frank:
Enclosed is a certificate that was
maintained in the City's files.
sent to us. It should be
Sincerely,
STENSTROM, McINTOSH, JULIAN,
COLBERT & WHIGHAM, P. A.
William L. Colbert
WLC /lss
Enclosure
3 -13 -86
Justus Insurance, Inc.
2611 Technology Drive
Suite 209
Orlando, Fl. 32804
Continential Insurance Company
John L. Smith d /b /a/
A UTOMOBILE
One Harbor Place
3505 South Orlando Dr.
Sanford, Fl. 32771
--
INJURY
DER K;SON, $
I
THIS IS TO CERTIFY THAT POLICIES OF
INSURANCE LISTED BELOW F A !Ss.:UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. ,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AAA C' JR GTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE ! NSURANCE AFFORDED BY THE P ^'_I( !rS')FSC';IBED HEREIN IS SUBJE :T TO Al L THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES
CO
a
L IABILITY LIMITS IN THOUSAN
SR
iY "F F. OF 4 URANC F
POl ICY NUMBE.< 1 M T P
-- --
PRIV PASS I
- --
AGGREGATE
--------
j
I
_1CCURRENCE
i PROPERTY I
GENERAL LIABILITY j
DAMAGE ;$
BoDII
COMPREHENSIVE FIR M
M
��lJURY
-�
$
A
GARAGE LIABILITY
Binder # 86 -12 3 -25 -86 3 -25 -87
PREMISESJOPERAI IONS
$
-- - - -- --
PRUP F:RT y
—
._
-- ---- - -----
EXCESS LIABILITY
UNDERGROUND
DAnaA ,E $
$
COMBINED $
I$
EXPLOSION & COLLAPSE HAZARD
OTHFR THAN UMBRELLA FORM
I
PRODUCTS/COMPLETED OPERATIONS
i
WORKERS' COMPENSATION
X
CONTRACTUAL
�Rls Pal
COMBINED i $ 1,000,
$ 1,000,
$
- -- —
(DISEASE P OLICY LIMIT)
INDEPENDENT CONTRACTORS (
I
$
-- — — —'- - -- -- -- -- i --- - --
DI SEASE EA EM
- - --
BROAD FORM PROPERTY DAMAGE
i Builders Risk Binder #86 -12
3 -25 -86 ' 3 -25 -87 j $720,000
amt. of Ins.
PERSONAL INJURY
i
PERSONAL INJURY
$
j
A UTOMOBILE
LIABILITY !
ANY AUTO
INJURY
DER K;SON, $
I
1
�
ALL OWNED AUTOS IPRIV PASS.)
BODILY
i iNJUR', I
ALL OWNED AUTOS (OTHER THAN) (
J-9 A,CIDEtiT• $
PRIV PASS I
j
I
HIRED AUTOS j
i PROPERTY I
DAMAGE ;$
I NON -OWNED AUTOS
GARAGE LIABILITY
BI s PD
COMBINED'
-- I
$
-- - - -- --
—
._
-- ---- - -----
EXCESS LIABILITY
- - -- -- --
RI& PD
?
UMBRELLA FORM
COMBINED $
I$
OTHFR THAN UMBRELLA FORM
I
r STATUTORv
i
WORKERS' COMPENSATION
--
$
FACH ACC!DFNTI
AND
$
- -- —
(DISEASE P OLICY LIMIT)
EMPLOYERS' LIABILITY
--
OTHER
$
-- — — —'- - -- -- -- -- i --- - --
DI SEASE EA EM
- - --
A
i Builders Risk Binder #86 -12
3 -25 -86 ' 3 -25 -87 j $720,000
amt. of Ins.
DESCRIPTION OF OPE RAT IONS /LOCATIONSNEHICLES /SPECIAL ITEMS
Bill Colbert
c/o Stenstrom, McIntosh, Julian,
Colbert & h P.A.
Box 1330, Sanford, Fl. 32772 -1330
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. —
AUTHORIZED REPRESENTATIVE
INBUILDERS NOTICE WEST FLORIDA INC.
4030 Henderson Blvd. • P.O. Box 25594, Tampa, FL 33622 • (813) 875 -1004
708 S. Andrews Avenue • P.O. Box 457 • Ft. Lauderdale, FL 33302.
Broward: 764 -1322 / Dade: 949 -4576 / 1 -800- 432 -1959
NOTICE TO OWNER / PRELIMINARY NOTICE
JULY 21, 1986
JOHN SMITH CITY OF SANFORD
137 CLEAR LAKE CIRCLE AND P.O. BOX 1778
SANFORD, FL. 32771 C� 4 60461 SANFORD, FL. 32771
Please be informed that the undersigned is furnishing, or has furnished the following described materials, labor, and /or
services: SCAFFOLDING
for the improvement of re r ���[ ty do i�s: FLORIDA
541 NO: PALMETTO AV ELYUJ; , ,
HARBOR FRONT VILLAGE SHOPPING CENTER
NE CORNER of LOT 1, SANFORD RIVERFROWPROJECT As recorded in PLAT BOOK 14, PAGE
88 and further described by NOTICE OF COMMENCEMENT OR BOOK 1731, PAGE 978,
SEMINOLE COUNTY, FLORIDA.
under an order given by: STRUCTURAL BUILDERS
Florida law prescribes the serving of this notice and restricts your right to make payments under your contract in accordance with Sec-
tion 713.06, Florida Statutes.
In the event that the contract for improvements is bonded, pursuant to Section 713.23, Florida Statutes, Section 255.05, Florida Stat-
utes or any other statute or common law, the undersigned intends to look to that bond for payment. Further, if a payment bond does
exist we request a copy. Failure to furnish a copy may render you liable for damages.
THIS NOTICE IS NOT A LIEN, CLOUD, NOR ENCUMBRANCE UPON TITLE TO YOUR PROPERTY, NOR IS IT A MATTER OF
PUBLIC RECORD. The law requires the sending of this notice as a prerequisite to the protection afforded by the lien and /or bonding
laws in most instances. Accordingly this notice is sent as a matter of protection to the sender and the recipient(s) as a standard business
practice. It does not necessarily indicate the existence of any problem, n it intended to reflect adversely upon any person named
herein.
STRUCTURAL BUILDERS
P.O. BOX 18258 BY: '
ORLANDO, FL. 32860 J I'S A. CARMEL. Agent for
S 10T
A. D. ARNOLD CONSTR. CO. ;;^ 1 SAF -T -GREEN OF ORLANDO, INC.
3928 FORSYTHE RD. 7904 NO. ORANGE BLOSSOM TRAIL
WINTER PARK, FL. 32792 (GC /CM) ORLANDO, FLORIDA 32810
NATIONAL FIRE INS. CO. OF HARTFORD
c/o MUROSKI & ASHTON
P.O. BOX 7597A FREEDOM SLA
ORLANDO, FL 32856 (BOND /GC /CM) Attn: Const. Loan Dept. C()11_6 18
P.O. BOX 1926
(� :: 1! WINTER PARK, FL. 32790 (LENDER /CM)
Jan., ary.2 !..19 R7
On SMiLh ..APd My if.... Sanfnrd,.Sonfnrd, F! 317/1
(ow F, t r)
AM" 1 37 Mai take Khrylu K a q; an
;Kj w wgrlj hemby 4HUMS YOU bat hn k. 1 twn"04 tw �_, , erviccs or rn, terials
it i � !, : :I ' . 1'!1'
fun the provernMA of to red "opwo (Dcscri;r4 toal j propr.rty :,.ufficiantly for incduc�iirtq
and nu or d known)
, ginning at the NE Curnur w Lot 1, Sanlord Riverfront Pro jecL,
ML Book 14, Page 88 Semiro Y County, Rjorida more parricularly
osc7ibed in nr Book 1731 Fa y 0W
unhr w War Man W. . pill 0-psy C on. ,t-ruction...". ..... ............ . .. .. ..... . .......... .. ........
.. . ... '
803 .. l L F r e � L_ n f pj I,, F 1 3
.......... .1 ....... . .... ..
1 Y pr - iscribes be se"±g of AN nuke md rnkWs yom rjh1 to We paymews uAder your cwM ad in wxm in
w4h secn an 713 U6, Florida W ues.
caphst—kyjApnp! Fire insuranue Q
of HKTYTOc ?T 7597-A
.. ... .. on it RA q 1- Y.J
F-eedom Savings & Loan ksno
0 aca cir(tmce ws(h Soct!ons 7 '10,,7,(2,' '; i'
'_Fj
and 71113H 10), NO 0, Mows)
L I - jed
nin! . P 145 558 70�
N"I'l 07w- P 145 5V v) ...... I .......
F Mim - P 145 90 70()
Mv Q Sanford-P 145 558 7 6!
W"erson Lumber, Inc.
P.O. Box 1247 / 400.Spring Hammock Court
Longwood, Florida 32750
' Phone (305) 834 -2252
JE �2
ntIemen:
'e are pleased to advise you that
rder placed with us by:
NOTICE TO ER AND /OR
NOTICE TO RJ BL.I C WM LZVMRA
WITH R -GL EST FOR OF BoHD
Wilkerson umber inc. Longwood under an
i be supplying Lumber and misc . materials for incorporation into the referenced
- _:ject.
s notification is not intended in any way to reflect upon the credit of our customer,
a requirement under Florida Statutes S713.06 for private jobs and Statutes S255.05
or public works contracts.
the case of a public works contract, we respectfully request that a copy of the bond
sent to us.
County : SEMINOLE COUNTY Jots Descr, : HARBOR FRONT VILLAGE SHOP CTR
Rook /Pads 1731/6
Recorded 5/05/886 SANFORD RIVERFRONT PRO,J, LOT 1
Constr. Type : SHOPPING /STRIP CENTERS
Legal BEGINNING AT THE NE CORNER OF LOT 1, SANFORD RIVERFRONT
PROJECT, PLAT BOOK 14, PAGE 88 SEMINOI_E COUNTY, FLORIDA MORE
PARTICULARLY DESCRIBED IN OR BOOK 1731 PAGE 978
Gen.Contr :XA D ARNOLD CONSTRUCTION CO
3928 FORSYTH RD
WINTER PARK, FL 32792
Owner(s) :Y-JOHN SMITH
137 CLEARLAKE CIRCLE
SANFORD, FL 32771
Copies to :YNATIONAL FIRE INSURANCE CO.0F
HARTFORD
P 0 BOX 7597 -A
ORLANDO, FL 32854
X CITY 01= SANFORD
SANFORD, FL 32771
x FREEDOM SAVINGS A LOAN ASSN
P 0 BOX 1926
WINTER PARK, FL 32790
Very truly yours,
Milkerson Lumber Inc.
.ified Mz il v-
:urn _ Receipt e ?sted
't( !/tea iw / w �N r . �-•�
t. i �� F`li R(11 _ 7 a f"JlI1A - Lx�\ ^ 2VG V .�
Geri S. Harris Credij Manager
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