033-Lease - Sanford Riverfront ProjectI t�v 33
L E A S E
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 include -- successors, egaij -
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
dec
' d that
at the operation of the facilities hereinafter desri.hed
dec
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 hereir
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 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 N01100
($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 (59) percent of the
first ONE HUNDRED THOUSAND AND N01100 ($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
($100,000.00) DOLLARS up to TWO HUNDRED THOUSAND AND N01100
($ 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 1100 ($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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;I
I�
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 1100 ($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 shall 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.
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CITY OF SA ORD, FLORID
ATTEST: By: .
MAYOR
Vitnes as to Lessee
STATE OF FLORIDA
COUNTY OF SEMINOLE
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 .joh 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: 6L/(
ADDENDUM TO LEASE
THIS ADDENDUM, made
certain LEASE dated November
1985), by and between the CITY
SMITH (LESSEE), establishing
PROJECT as leasehold (herein
LESSEE agree as follows:
the
25,
OF
a po
after
date below recited, to that
1985 (executed December 16,
SANFORD (LESSOR), and JOHN
rtion of SANFORD RIVERFRONT
called LEASE). LESSOR and
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
iable for all such rents and obligations.
3. That all other provisions of that certain LEASE
ated November 25, 1985, entered into between the parties are
atified and confirmed and shall remain in full force and effect.
Signed, sealed and delivered this 3rd day of
April , 1986.
CITY OF SANFORD, FLO .IDA
BY: (�
ATTEST: MAYOR
LEPX/
esses as to LESSEE LESSEE
a
A
STATE OF FLORIDA
'OUNTY OF SEMINOLE
BEFORE ME, the undersigned authority, duly authorized
n the City and State aforesaid to take acknowledgments,
ersonally appeared Bettye D. Smith and H. N. Tamm, Jr.
, who acknowledged that they
igned the foregoing ADDENDUM TO LEASE for the purposes therein
xpressed.
_
WITNESS my hand and official seal this 3rd day of
April 1986.
Public
U rn/
- — N otary
¢ State of Florida at Large
My Commission Expires:
Notary PubEc, State of Florida
My Commission Expires Feb. 17 1990
Bondad Thru troy
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 and official seal this Third day of
�._ April, 1986.
onJ
Notary Public
4 State of Florida at Large
My Commission expires;
Notary Public, State of RO a
_ MV Commission Expires Feb. 17, 1990
Bonded Thro Tror ro'o 'rj
__2__
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 San Bank
Post Office box 1330 Sanford, Florida 32722 -1330 (305) 322 -2171
April 24, 1986
Frank Faison, City Manager
City of Sanford, Florida
m, -•.. - ....,_ Sanford - ..ixy. :all
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 "'o'nly 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.
William L. Colbert —_
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:
"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, commonly
known as the paved parking lot North of the dry storage building at
_Ko.Tazo.e _,Haxbour JMarina,_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 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 t0 Lease dated April 3, 1986, entered
into between the parties are ratified and confirmed and shall remain
in full force and effect.
Signed,
A.
sealed and delivered
ATTEST:
CLE
tfiesses as to LXSSEE
STATE OF FLORIDA
COUNTY OF SEMINOLE
this c;? day of
CITY OF SAANNDF,ORDD, FLORIDA
By � ' /y ° 44�
MAYOR
BEFORE ME, the undersigned authority, duly authorized in
the City and State afo esaid to tak ackn ledgments, personally
appeared �j Q, rruzk �ncE �gk
� J �rctiA
who
acknowledged that they signed the foregoing SECOND ADDENDUM TO LEASE
fo-r the, purposes, therein -e,xpres,sed_
WITNESS my hand and official seal this a8 day of
A. D. 1986.
Notary Public
State of Florida at Large
My Commission Expires:
Notary Public, state of Florida
My Commission Expires Feb. 1.7, 1990
Eood•d 7hru. Iron Fain: LIFmf In&
__L__
APPROVED - BOARD SESSION - OCTOBER 2, 1974
S U B L E A S E
'PHIS SUBLEASE, made and entered into as of' Oct. 2, 1974, by the
DISTRICT SCHOOL BOARD OF SEMINOLE COUNTY„ FLORIDA, party of the
first part, hereinafter called Sublessor, and the WES RINKER
FLORIDA BASEBALL SCHOOL, party of the second part, hereinafter
called Sublessee,
WITNESSETH
FOR and in consideration of the sum of One Dollar ($1.00) together
with the covenants, agreements and benefits hereinafter contained,
M Sublessor does lease and let unto Sublessee, and Sublessee does
hire and rent from Sublessor the Property known as the Sanford
sl. Stadium for and during a period annually to extend from
Cr i - 197iio and including
✓H bEr for the purpose of
75
training and,offi.ce sites for the Wes Rinker Florida Baseball
School.
4 4
This Sublease is made unon the following conditions:
1. The period of occupancy during each calendar year shall
extend from C `AQr I to SgfiQ 6r 30 This sublease is for
1974 1975
a Period of one year, however, the same shall automatically renew
itself -from ,year to year not to exceed 36 years, unless either
party hereto serves written notice on the other terminating said
lease, such notice to be delivered twelve months in advance of
the effective termination date.
2,. Sublessee shall pay unto Sublessor as rental therefor
the sum of one dollar (."1.00) annually, and in addition, thereto,
Sublessee shall nay all operating, and maintenance expenses includ-
Ing but not limited to electrical power, gas, water, fuel, fertiliz-
er, grass and labor required during the period of occupancy and
covenants that the aforesaid facility when delivered .back unto
Sublessor shall be in the same condition as it was when received
by Sublessee,
3. Sublessee further covenants that it shall be responsible
for the repairs and /or replacement of any equipment or fixtures
damaged, destroyed, or missing during the base Period and that at
watered, and fertilized.
4. Sublessee shall provide for Seminole High School and
other area schools a baseball field to be used by these schools
in area competition or provide for a suitable baseball field for
their practice sessions and games at no cost to District School
Board of Seminole County, Florida. Said baseball field will be
made available from Jigco2y /y( /y75 to 1711)} 17 1975 The
transitions from football practice field to baseball field and
vice versa will be at the expense of the lessee. Use of the
baseball field and randstand�� during this neriod beainni.n
ja- A(iemm � � /47.3 and ending / (_7 /973, will be under the
control of the District School; Board of Seminole County, Florida.
The District School Board of Seminole County, Florida, will be
responsible for additional electrical expenses incurred during
night games and policing of the grounds after baseball games
and practice sessions.
5. Sublessee acknowledges a prior agreement, between Sub-
lessor and Sanford Naval Academy and does by these premises assure
said Sanford Naval Academy use of the stadium for its athletic
functions on the same basis as other schools in the county that
participate.
6. Sublessee at all times will indemnify and save Sublessor
harmless from any and all fault, liability, damage, suits or other
costs arising out of or in any way connected with the use or occu-
pancy of the demised premises by Sublessee, and in connection
therewith, will maintain in force during the lease term a policy
or policies of insurance protecting Sublessor in a sum not less
than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for personal in-
jury to any one person and THREE HUNDRED THOUSAND DOLLARS
($300,000.00) for personal injury from any one accident, and
TWENTY FIVE THOUSAND DOLLARS ($25,000.00) property damage.
7. Sublessee shall, during the term hereof, at its expense,
perform all necessary maintenance and repair pertaining to the
fences grounds, grandstands, bleachers and light structures and
to deliver up the premises at the termination of this Sublease in
the same condition as received, normal wear and tear excepted.
Sublessor will coonerate in maintenance of the grounds by from
time to time making available to Sublessee such eouinment as in
the sole ,judgement and discretion of
?rovided, however, in the event such
repairs are necessary as a result of
Sublessee, Sublessee shall promptly
as are required for such repair or r
Sublessor Is available;
eautpment i� furpIshed and
the utilization thereof by
upon demand nay such Burrs
placement to Su'hlessor.
Sublessee shall be responsible for all replacement; of 117hts
and lighting fixtures.
In any event., Sublessee shall at all times during its occupancy
of the demised premises hold Sublessor harmless from any and all
claims, remand, damage or liability resulting from such occupancy.
CONS ENT
The City of Sanford does hereby consent to the afore-
said Sublease of the City's property, known as the Sanford Muni-
cipal Stadium, by its Lessee, the District, School Board of
Seminole County, 'Florida, to Wes Rinker Florida Baseball School.
Witnesses:
T
City of Sanf
By: — - — -
y Attest:
Mayor
As to Sublessor
R nit,y C rk
DISTRICT SCHOOI, BOARD OTC' Sr "• "INOLF
COUNTY, FLORIDA
By: -
Chairman
Attest:
Super int:en nt'
As to Sublessee