028-SHA-Building 332ASSIGNMENT OF LEASE; ACCEPTANCE; CONSENT
ASSIGIyiMENT OF LEASE
MOW ALL MEN BY THESE PRESENTS, That the
City of Sanford Housing Authority
by mutual agreement
€,3 -rte - recrrved, hereby assign, transfer and set over unto
the Citv of Sanford. Florida
that certain lease dated May 1, 1973 , made by CITY OF
SANFORD AIRPORT AUTHORITY and the City of Sanford Housing Au thority
for building number 332 situated at the Sanford .
Airport, Sanford, Florida, to the said the City of Sanfor
and its successors and assigns from the date hereof, for and
during the remainder of the term thereof, subject to the rents,
covenants, conditions, and provisos therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 9th day of September A.D., 19 81
Witnesses.
Notary fL
My Commission Expires, Feb. 21 19&5
ACCEPTANCE OF ASSIGNMENT
The City of Sanford, Florida ,
in consideration of the above assignment and the written consent
of the lessor thereto, hereby accepts the same and assumes and
agrees to mako all the payments and perform all the agreements
and conditions of said lease, by the lessee to be performed,
this 9th day of September_
-�� ✓gy ' arren ov s, 7Tty Manager
.N. TamM, Jr., C tZiClerk
I
CONSENT TO ASSIGNMENT
This is to acknowledge that the Sanford Airport Authority
consents to the assignment of said lease subject to the pro-
visions contained therein.
SANPORD AIRPOR�/AtTTI-IORITY
Witnesses: BY:
i tt ATT
G
Date: ��� n
ADDENDUM
TO }.EASE NO. 27 -73
Lease No. 27 -73 between the Sanford Airport Authority and
SANFORD HOUSING AUTHORITY dated May 25 19 73 for
2560 square feet of Building 332 is renewed this date for a
period ciff month to month to commence on the 1st day of
July` , 19 81 , under the same terms and conditions, subject to
the folTzowing exception:
Paragraph 3: The first sentence is changed to read:
"LESSEE --grees to pay to the LESSOR as rent, for the use of the demised
premises` and facilities, for and during the said month to month term
0
hereof, the sum of $ __ .2304-00 annually, calculated at the rate of $ .9
per scuase foot per year on 2,560 square meet in � £nly_ r installmznts
ISv2 0T" " plus State Sales Tax, in advance, the receipt of the first
month's installment and tha last month's installments being herewith
acknowle= dged."
This Addendum A is to be affixed to and become a permanent
part of Zease No. 27 -73 between the Sanford Airport Authority and
SANFORD HOUSING AUTHORITY
FOR THE LESS
Witness
r --
�_��� y Attest
ittneesss A
FOR THE LESSEE
SANFORD AA IRPORT AUTHORITY
4 2 A � 4 - - airman
or of Aviation
i SANFORD HOUSING AUTHORITY
Idifness i/ President
Attest C
"7itness / Secretary
L
Date:
�1
V.
LEASE ? 7 - 73
THIS INDENTURE, made and entered into this 2 5th day of
May A.D. 19 7 3 , by and between CITY OF SANFORD
AIR?ORT AUTHORITY, a special Board constituted as`an agent
and: instrumentality of the city of Sanford, Florida, a municipal
corlporation of Seminole County, Florida, herein called the
LES -SOR, and SANFORD HOUSING AUTHORITY
her,eirafter referred to as LESSEE.
WITNESSETH:
For and in consideration of the rents, covenants, agreements
and: conditions hereinafter reserved, made and entered into, it
is agreed, subject to the concurrence of the Federal Aviation
Administration, by and between the parties hereto as follows:
The LESSOR, on consideration of the rents, covenants,
agreements and conditions hereinafter reserved, made and-entered
into, on the part of said LESSEE, to be paid, performed and
observed, has leased and does by these presents demise, lease
and rent unto LESSEE and LESSEE does hereby hire of and from
LESSOR, the land, buildings and facilities lying and being in
r.
the County of Seminole, State of Florida, and being a part of
the premises usually known and designated as the Sanford Airport
property, said real property, and the appurtenances thereto, being
specifically described as follows:
Approximately 2560 square feet of that structure 'des ignated
as Building 332 as indicated on Exhibit A.
1. TERM OF LEASE
month to month
This lease shall have a term of Yzx],ca, commencing
on the 1st day of May A.D. 19 73
4 ,� y>c Xyat xxxxx x ?3xyx4�zS xxxxxxxxxxxxxxx) �x�l =xZSx upon the
terms, conditions, covenants and stipulations herein set forth.
It is agreed by both parties that this lease is on a. month
to month basis and may be terminated by,either or "
J.
tten not
Lessor on 30 days. wriice, ' ;
OPTION TO RENEW
Th LESSEE shall have the right and option to renew thi
lease for successive terms of
years each, upo
the same term and conditions as are contained in this lease;
provided, howeve at the end of any term hereof, SSOR, in
its sole discretion nd at its sole option, may .otify LESSEE
that in the judgment o LESSOR the financial terms of said
lease should be altered, which event L SOR shall appoint
one qualified appraiser, LES E shall ppoint one qualified
appraiser, and the two such app ais rs shall select a,, third.
The said appraisers sha t er v e• the premises and arrive
at a fair rental value or 'n premise at a per annum per square
foot charge, w ch s i charge shall the form the basis of
rentals for h en in term. In the event said appraisers
do not unanim us y gree as to a per square fo t per annum rental
charge, the t e said rental shall be established y averaging
the two highe t charges. As a condition precedent t the right
of LESSEE o exercise each of the said options for rene al, the
LESSEE hall have given written notice to LESSOR of intent \th
to new this lease not later than six (6) months prior to
d of the term hereby demised.
3. RENTAL
LESSEE agrees to pay to the LESSOR as rent, for the use
of the devised premises and facilities,. for and during the said
month to month
x xgWa& term hereof, the sum of $ 1792.00 annual, plus
,State Sales Tax, calculated at the rate as follows:
2560 sq.- ft. at $.70 per sq. ft. per year = $1792.00
making
a total
monthly
installment of $ 1 plus
State.
.Sales
Tax, in
advance,
the .receipt of the first nonth's installment and the last
•" mont=hs' installments being herewith acknowledged. In addition
the eto, during the term of this lease and any renewal or ex—
ten;.Ion thereof, LESSEE shall pay any and all taxes, assessments,
or ?levies of any and every kind or nature charged, levied or
-
assaassed against the leased premises, or upon or against any
items of personalty, equipment, fixtures or improvements thereon,
each and every when due and payable according to law, before any
the:-eof become delinquent and before any interest attaches.
Nothing herein contained shall prevent the LESSEE from contesting
i
the validity of any taxes or assessments levied against said
land or other property; provided; that in the event LESSEE
con -ests any such taxes or assessments, upon demand by LESSOR,
i
LESSEE shall give to LESSOR adequate security against lose by
reazBon of such contest. In the event the authority levying,
ass- - essing or charging any of the taxes, levies or assessments
referred to herein does not forward the notice of such taxes,
levies or assessments directly to the LESSEE, the LESSOR shall
deliver the same to the LESSEE within ten (10) days after the'
LESSOR receives the same.
4. IMPROVEMENTS AND ALTERATIONS
A. LESSEE acknowledges that it has'examined the
building herein demised and accepts the same in the condition
in which it now is, without obligation on the part of LESSOR
to make any improvements, modification, repair or otherwise,
to said building. Upon the express written consent of the
Airport manager and the concurrence of the Federal Aviation Agency,
or its successors, LESSEE may make such alterations, :improvements
or additions to the demised premises as it deems necessary, at
its sole cost and expense, provided, however, that any such
.� ♦ ♦. _ ., r ..•f �..�. - • ♦:!, �♦ 1
0
alteration,. addition, or improvement shall be so made and
conducted'as to meet all requirements of LESSOR, state and
the Federal'_.Aviation Agency, or its successors. Any such
improvements which shall be erected or constructed in accordance
herewith shall be made and done only under the supervision - o£ ,
LESSOR and at'all stages of construction and at all times shall.
be subject to LESSOR'S approval. All such improvements to the
freehold, hereinafter made or placed on the demised premises by
LESSEE shall immediately upon being made or placed thereon become .
the property of LESSOR and shall remain upon and be surrendered
with :the demised premises as a part thereof at the termination,
i
by lapse of time or otherwise, of the term hereby granted; and
the LESSEE shall not enter into any agreement whatsoever, nor
do or permit the doing of anything which would grant, constitute
i
or impose any title to or lien upon any such building or other
improvements, prior or superior to the title thereto of LESSOR. i
LESSEE further covenants and agrees that in making or constructing:
'! any such improvements, that the LESSEE shall and will save the
LESSOR harmless from injury and damage to any person, firm or;
corporation whatsoever in the making or construction of such im-
provements; and further, the LESSEE covenants and agrees that
within thirty (30) days after the completion of all such improve-
ment that it will duly pay and discharge all the costs of the
same for materials, labor, fees and every item of expense or
cost in connection with the same, and that it will not permit.
the filing of any labor, materialmen's or other liens against
said property, and if any such lien or'liens should be filed,
the LESSEE will save harmless the LESSOR of and from all damages,
costs and expenses in regard to the same, and will also forthwith
cause the same to be removed from the public records, it being
i
1
expressly and distinctly understood that the LESSOR shall not
be responsible for nor liable for in any way or manner whatsoever,
any of the costs, charges, or expenses in any way connected with
such construction or improvement, and the property and estate
of the LESSOR shall not be bound or liable therefor. All
construction shall be in accordance with all existing provisions
of the City.of Sanford Building Code, Fire Code, Plumbing Code,
and Electrical Code, and all Lessor, City, County, State and Federal
Aviation Agency Codes, ordinances, laws, rules or regulations,
in force and effect at the time of said construction and the
LESSEE shall. allow the LESSOR to inspect the premises during
said construction at any reasonable time to determine if said
construction meets the requirements of said codes, ordinances,
laws, rules or regulations.
B. LESSEE may, at its own cost and expense, install
_or erect any furniture, fixtures, equipment, machinery, or other
appurtenances which it may deem necessary or desirable for the
conduct of its business and shall have the right'at any time
during the term hereof, or any renewal or extension thereof, !
and for thirty (30) days after the termination hereof, to remove
any personal property, trade fixtures, equipment or machinery
installed or.placed by it, in, on, or about the demised premises,
provided that the sane can be removed without substantial damage
to the freehold, and provided further that LESSEE shall repair,
at its own expense, any damage occasioned by such, removal,
provided, further that any such removal shall be subject to any
valid lien which the LESSOR may have on any such•property for,
unpaid rents or fees.
5. RIGHTS OF LESSEE
In addition to the above described property and rights,
LESSOR doesehereby grant unto LESSEE, the following rights and
and privileges on and in connection with the property hereby
demised; and the prcgieX *.,y and mprovemerts off.tge•LESSOR known
q` M
as the Sanford Airport, as more particularly 'hereinafter set
forth:
A. Use of Airport
The reasonable use by LESSEE, his employees,
passengers, guests, patrons and invitees, in co, with other
duly authorized users of said Airport and appurtenances,
together with all facilities, improvements, equipment and
services which have been or which may hereafter be provided
for common or public use at or in connection wit said Airport.
B. Specific Richts at Airport
In addition to all rights elsewhere in this
agreement, the LESSEE shall have the right to use the Airport
for the following specific purposes:
(1) For the storage of household furnishings and
no other purpose. No outside storage permitted.
?) (2) The installation and operation of identifying
signs on the leased premises, provided the location and general
type and design thereof is approved by the Airport Manager of
LESSOR, which approval shall not be unreasonably withheld.
(3) The use by the LESSEE and its employees, in
common with others, of such vehicular parking space as may be.
I:
provided by the LESSOR as near as practicable to the premises
I
i
described herein, without charge to LESSEE or his said employees,
i
provided, however, nothing herein shall be construed as A.-require-
i
ment on LESSOR to provide such vehicular parking space.
j
{'
{
! (4) Right of access which may reasonably required
for ingress and egress to the demised premises for the LESSEE, its'
employees, guests, patrons, invitees, suppliers of materials and
;-
furnishers of service for its equipment, vehicles, machinery and
other property, along such'routes as may be prescribed by the LESSOR,
without charge to the LESSEE or to said persons or property.
( The LESSOR- represents that it has the right
to lease said property and appurtenances, rights and privileges -
herein granted, and has full power and authority to enter into
this lease in respect thereof subject, however, to the terms,"
conditions, limitations and requirements contained in or arising
out of any and all grant agreements, leases,or other agreements
heretofore made between the LESSOR and the United States, or any
agency, department, branch, aut7 :ority or other part or subsidiary.
thereof, and this lease is made subject thereto; and the LESSOR
covenants, subject to the above limitation, that upon payment
by the LESSEE of the rents hereinafter reserved and upon the full:
performance of and compliance with all the covenants and agree-
ments by the LESSEE on its part to be performed and complied
with hereunder, the LESSEE shall peaceably have and enjoy the
i
premises, appurtenances, facilities, rights and privileges in
accordance with the terms hereof.
6. OBLIGATIONS OF THE LESSEE
A. The LESSEE at all times shall obey and promptly
comply with all present and future laws and ordinances of th•
federal government, the State of Florida, and any political
•.
subdivision or municipality thereof having jurisdiction of or,
respecting the condition of the premises and /or the use made
thereof and /or any business conducted thereon or in connection
therewith, and with all lawful orders, regulations and require -
meats of all government authorities or agencies which may have
jurisdiction. The LESSEE shall not use the premises demised
hereunder, or permit the same to be used, for any unlawful or
immoral purpose, or do in or upon or about said premises, or
permit the doing therein or thereon or. thereabout, of anything
which tends to create a nuisance; and the LESSEE further covenants
Cr. iy;
at al- times to obey and promptly comply with all lawful rules
and rtpgulations which may_from time to time be promulgated by ..
the ILESSOR or the Federal Aviation Agency or its successors.
' B. The LESSEE shall conduct its operation 'hereunder
in as. orderly and proper canner considering the nature of such,
operattion so as not to unreasonably annoy, disturb, endanger or
be of- ensive to others at the Airport.
C. The LESSEE shall take all reasonable measures:'
(1) To reduce to a minim vibrations tending to
damage any equipment, structure, building or
portion of a building which,is on the premises
or is a part thereof, or is located elsewhere
on the Airport; and
(2) To keep the sound level of its operations as low'
as possible.
D. The LESSEE shall within reason, control and
conduc--t, demeanor and appearance of its employees, invitees,
and all those doing business with it and, upon objection from the
LESSG'R concerning the conduct,ditmeanor and appearance of any
such person, shall immediately take all reasonable steps .
i
necessary to remove the cause of objection.
E. The LESSEE shall commit no unlawful nuisance,
waste or injury on the premises and shall not do or permit to be
done anything which may result in the creation or commission or
maintenance of such nuisance, waste or injury on the premises.
F, The LESSEE shall not create nor permit to be
caused or created upon the premises any obnoxious odors or
smokes or noxious gases or vapors. i.
G. The LESSEE shall not do or permit to be done
i
r'.I
anything which may interfere with the effectiveness or accessi—
vi
;' ..
b -
•
bility of the drainage and sewage - system, fire protection system,
sprinkler system, alarm system, fire hydrants and hoses, if any
h
are installed or located on or in the premises.
H. The LESSEE shall not overload any floor'or paved
area on the premises and shall repair any floor, including
supporting members, and any paved area dam- „aged by overloading.
I. The LESSEE shall not do or permit to be done any
i
i
act or thing upon t,:e premises:
i
(1) Which will invalidate or conflict with any fire
1
” insurance policies covering the premises at
the Airport; or
i.
{,
(2) Which may constitute an extra - hazardous con-
dition so as to increase the risks normally
-
i
attendent upon the operations permitted by
r
'
this Agreement.
v
t
J. The LESSEE shall not keep or store during any
24 hour period flammable liquids within any covered and /or enclosed
. portion of the premises in excess of the LESSEE'S working require-
,
ments during the said 24 hour period. Any such liquids having a
flash point of less than 110 degrees F. shall be kept and stored
in safety containers of a type approved by the Underwriters
L
Laboratores'and the Fire Chief of the City of Sanford.
t
i
K. The LESSEE shall at its own expense ensure t
{
"i
all sprinkler systems on the premises are maintained in satis-
factory operating condition and shall from time to time and as
often as considered reasonably necessary by LESSOR conduct
1
pressure, water flow, and other appropriate tests of the system.
;.
-In the event the system is activated LESSEE agrees to reimburse
LESSOR for water.usage. The charge for water used in this
i
r
•
instance shall be at the actual cost of the water charged LESSOR
1.
h
by the City of Sanford.
r.
t
,
L. LESSEE will at all times comply with regulations
and instructions regarding the disposal of sewage, industrial,
agricultural, thermol or radioactive waste as set forth by the
Florida Departrnent of Air and Water Pollution Control, other
State Agencies, County Health Department and other local pollu-
tion control agencies. LESSEE further agrees to install at its
own expense air and water pollution control devices if it is
determined that LESSEE is the source of air and water pollution,
M. The LESSEE shall provide and pay for all lights,
gas, electrical current, water and sewers used any where in or
about the demised premises, and shall pay the charges made thereof
by the suppliers thereof promptly when due. It is further under
stood and agreed that LESSEE shall furnish and pay for all air
conditioning and heating of such space, if such air conditioning
and heating is used.
N. LESSEE, at its expense, shall maintain in a good
and safe condition the interior of all buildings and structures
now or hereafter placed on the demised premises -and the same shall
at all times be painted so as to present an attractive appearance
all at the sole cost and expense of LESSEE. The LESSOR, at its
expense, shall maintain in a good and safe condition the exterior
of all buildings and structures now on the premises exclusive
of doors and windows, which shall be maintained. by LESSEE at
its own expense. The LESSEE shall, at all times and at its own
cost and expense, make all repairs to the interior of structures
and other improvements as may at any time be needful, including
air conditioning and heating systems. In addition, LESSEE
agrees to provide all necessary cleaning services for the
leased areas and to provide the necessary management and
labor personnel to perform continuing maintenance upon the
facilities, including related and associated appurtenances, .
J
,
r i
i
n
j-�
landscaping, grass, paved area, installed and operational
equipment and utility services. Such maintenance shall be at
LESSEE'S sole expense and shall be subjected to general
monitoring by LESSOR to insure a high quality of appearance
and structural condition commensurate with the maintenance
and safety standards at the Airport.
O. LESSEE agrees to keep all fixtures pertaining to
water, sewer and electrical systems in good order and repairs and
agrees that he is liable for any damage to such systems if such
damage is due to negligence of the LESSEE.
P. The LESSEE agrees to provide the necessary
management and operate the facility in the manner and quality
represented and offered to the LESSOR by LESSEE in its proposal
and such operation must at all times be acceptable to LESSOR.
Q. All operational facilities shall be at the sole
expense of LESSEE and shall be subject to the general monitoring
by the LESSOR to insure the continuing quality of standards
expected of similar facilities at other airports.
R. It is mutually understood and agreed that nothing
herein contained is intended or shall be construed as in any
wise creating or establishing the relationship of co-partners
between the parties hereto or as constituting the LESSEE as
the agent or representative of LESSOR for any purpose of any
manner whatsoever.
S. It is understood by LESSEE that rodent and pest
control is the sole responsibility of LESSEE. In addition,
LESSEE shall maintain the leased property in a clean, neat
condition and shall not accumulate or permit the accumulation
of any trash, refuse, or debris or of anything that is unsightly
or which creates a fire hazard or nuisance or causes inconveniences
to adjoining properties.
a1 -
j..
7. RIGHTS OF LESSOR
A. The LESSOR expressly reserves the right to
1
t
furrther develop or improve any area of the Airport as the _
LEA SOR deems proper, regardless of me desires or views of
thee LESSEE, and without interference or hindrance.
I
�
1
B. The LESSOR reserves the right to take any action
It. considers necessary to protect the aerial approaches of the .
;
Airport against obstruction and shall keep said Airport and its
i
ap1proaches free from obstruction and interference for the safe,
cor.,venient and proper use thereof by the LESSEE :in common with
;
;
al- others entitled to the use thereof.
C. Nothing in this lease contained shall in any way
be construed as preventing, or in any manner inhibiting, the
LESSOR from taking such steps as it may deem necessary to insure
j
i
that the performance of LESSEE in the conduct of its business
operation is compatible with the operation of an Airport by
�.
LESSOR.
D. The rights of LESSOR hereunder shall be deemed
cumulative and shall not be exhaused by one exercise thereof,
ana shall not exclude any other rights and remedies authorized
by law, and no waiver by the LESSOR of any defaults shall
operate as a waiver of any future defaults.,
E. During time of war and national emergency, the,'
LESSOR shall have the right to lease the Airport property or
i.
any portion thereof, including the demised premises, to the
I
United States Government for military or naval use, and, if
such lease is executed, the provision of this instrument insofar
as they are inconsistent with the provisions of the lease to the
i,
government shall be suspended.
fir
_
r ... � .__.. _. _..- - - r - �_ - • .: _. - ._ __ _ "_
,
F. LESSEE acknowledges that although LESSOR has not
enured into an agreement for the exclusive or non - exclusive
right of operating various franchises such as vending machines,
autco parking, auto rental, or restaurant on the Airport, LESSOR
has the right to enter such a franchise agreement.
S. CONTROL OVER AIRPORT
'
The LESSEE, under the terms of this agreement, shall not be in
comtrol or possession of said Airport except as to the parts hereof
leased exclusively to the LESSEE, and the LESSEE does not assume
i
responsibility for the conduct or operation of the said Airport
or for the physical or other conditions of the portions thereof -
not: included within the terms of this lease. The LESSEE is and
shall be an independent contractor and operator, responsible to
all- parties for all of its acts or omissions and the LESSOR shall
in no way be responsible thereof.
9. IMPOSSIBILITY OF PERFORMANCE BY LESSOR
The LESSOR may, at any time during the term hereof or any
i
renewal or extension hereof, discontinue the operation and main-
i
i
te.ance of either or all or any part of the said Sanford Airport, .
or lease or sell the same to the united States of America, the
f
State of Florida, or any agency, branch, bureau, department or
I
�.
sum division of the same, or any governmental or political subdi-
I
vision thereof, but in such event, the LESSOR shall use all
reasonable efforts to enable the LESSEE to continue "its occupancy
•
i
.of the demised premises under the sane terms and conditions as
I
i
I -
;; provided herein. In the event of the happening of any of the
E
foregoing events or in the event of the total or partial
I
destruction thereof by fire, act of God, public enemy, accident
I
t
or casualty, or the taking thereof or closing thereof by order
I
- of municipal, state or federal authorities, so that the said
I
•:. - ,- . � .. _ . .. ; -.; ..: , _ -
� E..
Airport or the buildings now or hereafter on the leased premises
ar�,e rendered unusable by LESSEE for the uses and purposes for
which leased, this lease shall be terminated at the option of
LESSEE, unless at the time of the happening of any such event,
LESSOR shall have established or procured a suitable building
for LESSEE, subject to LESSEE'S acceptance, or shall have re-
snored the building now or hereafter
either of which cases, this lease
force and effect and under the same
a1 rents payable by LESSEE shall be
upon the leased premises,
shall continue in full
terms and conditions, and
abated during the time that
soid building,. as aforesaid, is not operated or available for use
by+ LESSEE. in the event of the absolute taking of the demised
premises by the United States, the State of Florida, or some
a5ency, branch, bureau, department or subdivision thereof (and
iY the event said premises are leased to any thereof and the
LESSOR cannot enable LESSEE to continue its business under the
same terms and conditions as provided 'herein, in accordance with
t:2.e foregoing terms hereof), for a consideration paid in money,
aad this lease is terminated as hereinabove provided for; the
L SSEE shall receive from the amount so paid, that portion
thereof which the value of his' then remaining leasehold bears_
t,o the value of the estate so taken.
10. TERMINATION OF LEASE
The LESSEE, in addition to any right of termination or any
other right herein given LESSEE, may terminate this lease by
giving thirty days written notice to LESSOR, given upon or
promptly after the happening of any one of the following events:
(a) Any failure or refusal by the Federal Aviation
I
Agency to permit the LESSEE to conduct its business
on the demised premises.
(b) The breach by LESSOR of any of the covenants or
agreements contained herein on its part to be kept
and performed, and the failure of the LESSOR to
remedy such breach for a period of thirty days
after receipt of written notice from LESSEE of the
existence of such breach.
(c) The inability of LESSEE to use said demised
premises continuing for a longer period than thirty
days, due to any law or order, rule or regulations
of any appropriate governmental authority having
jurisdiction over the premises, or with the operation
of LESSEE, or due to war, earthquake, or ocher casualty,;
provided the negligence or other fault of the LESSEE
is not the cause of such inability of the LESSEE to
use said premises and facilities.
In the event that for anv of the causes enumerated in para-
graphs (a) through (c) above, the said buildings now or herein-
after upon the demised premises shall become completely unusable ..
by the LESSEE in its operation for a period of more than thirty
days, the rental provided for hereunder shall be abated during
such time as the same shall reamin so unusable by LESSEE
11. - DEFAULT
A. Continued performance by the LESSOR under this
agreement for any perid or periods after a default of any of
the terms, covenants, and conditions herein contained to be
performed, kept and observed by the LESSEE, shall not be deemed
a waiver of any right on the part of the LESSOR to terminate
this lease for such default. No waiver by the LESSOR of default
by the LESSEE of any of the terms, covenants or conditions here -
of'to be performed, kept. and observed by the.LESSEE shall be
;J
- -- b �v - _- �•.. y .��,. _• - -_ __,•, —�_ – ��-
1 .ice w Y.t; -'a♦ ' - ., °. .
construed to be or act as a. waiver _by the LESSOR of any subse-
quent default.
B. In the event of any default in the payment of
any rent, or any other charges or expenses on the LESSEE'S part
to be paid and met, or any installment thereof, or any part
thereof, or in the event of any default in the performance of
or compliance with any other of the covenants, conditions or
agreements herein contained on 'the part of LESSEE to be performed,
kept or complied with at the time or in the manner herein pre -
scribed for the payment or performance thereof, or compliance
therewith, and such default shall continue for the space of
thirty days after written notice thereof, or in the event of
the abandonment or other default shall continue for a space of thirty
days, or in the event the LESSEE fails or omits to conduct or
carry on its business operation upon the demised premises for
the space of thirty days, or in the event the LESSEE shall file
a voluntary petition in bankruptcy, or that proceedings in
bankruptcy shall be instituted against it and the LESSEE is
hereinafter adjudicated bankrupt pursuant to such proceedings,
or if a receiver or trustee shall be appointed of the property
of the LESSEE, or if any levy shall be made against the lease-
hold interest of the LESSEE, then in either or any of such
events, the LESSOR shall have the right, at its option, thereupon
or thereafter and without demand or notice, to terminate this
lease and to remove the LESSEE and any and every one claiming .
under or through it from the demised premises by summary
proceedings or in any other lawful manner, and to repossess and
enjoy said premises together with all additions,. alterations,
improvements, changes, and new structures thereon:
r_ C. LESSEE hereby waives the benefit of all exemption
b' �••
laws and further agrees to pay all reasonable' attorney's fees to
LESSOR'S attorney for all services performed by said attorney in
acting upon any default defined in this lease agreement, together
with any and all legal costs incurred in protecting LESSOR from
said default. The rights of the LESSOR shall be considered
cumulative and shall not be waived now or in the future by the
exercise of any rights or remedies provided )?y the LESSOR under
the terms of this lease agreement or authorized by law.
'.12. SURRENDER
The LESSEE shall yield and deliver possession of the demised
premises to the LESSOR at the termination of this lease, by
.expiration of time or otherwise, or of any renewal or extension
hereof, in good condition, excepting only reasonable wear and
tear, fire or other casualty, and the LESSEE shall have the right'
at any time during said term, or any renewal or extension hereof,..
and for thirty days after the termination hereof, to remove its
property therefrom as hereinbefore stated.
13.- INSURANCE
A. The LESSEE shall and will indemnify and,save
harmless the LESSOR from and against any and all liability, claims,
demands, damages, expenses, fees, fines, penalties, suits, pro-
ceedings, actions and costs or actions, including attorney's
fees, or any kind and nature arising or growing out of or in
any way connected with the use, occupancy, management and control
of the demised premises, or the use or occupation thereof by the
LESSEE, or its agents, servants, employees, customers, patrons
or invitees, or arising out of or in any way connected with the
operation or conduct of any business or businesses of the LESSEE
of the demised premises, or the use or occupation thereof by the
LESSEE, or its agents, servants, employees, customers, patrons
_
or invitees, or arising out of or in any way connected with the
operation or conduct of any business or businesses of the LESSEE
conducted in, upon, on, or about said premises, or said Airport,
or arising out of or in any way connected with any act of omission
of the LESSEE or its agents, servants, employees, customers,
patrons or invitees, whether on the demised premises or on or
about said Airport, or resulting from injury to personal property,
or loss of life, or property of any kind or nature whatsoever
sustained during the term hereof, on or about the demised premises,
or in or about said Airport (except for injuries, damages, or
claims which are the result of the primary negligence of the
LESSOR, or for which the LESSOR is legally,directly, and
primarily liable), and the LESSEE shall, at its own cost and ,
expense, promptly procure and pay for and at all tines maintain
a policy or policies of insurance in a company or companies
acceptable to the LESSOR, protecting and insuring the LESSOR
against any and all of the foregoing, with coverage limits of
not less than $ 100,000 , nor injury to or death of ..
any one person, $ 300,000 f injury to or death of
more
than one
person, as
a result of any one
occurrence, and
not
less than
$ 25,000
for damage
to any property;
and all of such policies of insurance or certificates thereof
and all renewals thereof shall be delivered to and 'held by
i
I
the LESSOR. In this regard all policies must list thie City of
Sanford and the Sanford Airport Authority as an additional
insured. � ll
I 1.
B. LESSEE further agrees to keep all buildings now.
or hereafter leased to LESSEE, title of which are in LESSOR,
insured against damage or loss in an amount not less than 90 i
i
percent of the actual value of such buildings, taking into h
• I:
account depreciation on such buildings each year, the insurance ti
{ L •
`c. +'ta ,.•._ �; {.
policy or- policies TO BE :HELD BY AND PAYABLE TO LESSOR.
Present estimated value of this portion of the building
is $15,00D0.
In t_he event of loss or damage to any such buildings,.
LESSOR further agrees to re -build or repair such buildings to
such extz:nt but limited to Such amount as is collected from the
insuranceB proceeds. The LESSEE shall have the option to re -build
or repai after such loss or damage, at its own expense, any such
building or buildings to such extent as to return such buildings
to the equivalent use, space and suitability as prior to such
loss, or such additional facilities as LESSEE may determine is
feasible„ all such construction to be subject to the approval of `.
plans an& specifications by LESSOR. In the event the proceed:, of
i:suranca do not permit re- building by LESSOR to such extent as
to Hake Gny building equivalent to the building immediately prior
to the loss, and the LESSEE desires to exercise its option to
re -build at its own expense in order to provide equivalent or
more expanded facilities, LESSEE shall have the right to use
th,e procaeds of the aforesaid insurance in addition to LESSEE'S
owm funds. The title to all of such buildings repaired, reccn-
s eructed or constructed shall be and remain in
C. Not less than thirty (30) days prior to the effective
d to of any renewal, the LESSEE shall furnish satisfactory proof
tca the LESSOR that premiums have been paid. In addition all
insurers shall furnish a certificate assuring the LESSOR that
amy coverage will not be cancelled or otherwise modified without
wrritten notice to the LESSOR of at least thirty (30) days.
1w is further agreed that if LESSEE fails to maintain current
arced effective insurance as required after having been notified of
such insurance cancellation or termination the LESSEE thereby
beecomes a tenant by sufferance and the LESSOR shall be entitled
too re -enter and retake possession immmediately of the structures.
4
WC
14. RIGHT OF ENTRY
The LESSOR, or its representatives, shall have the right
to enter upon said demised premises at any reasonable hour for
the purpose of examining the same, or for any other lawful
purpose.
15. NOTICES
Notices to the LESSOR provided for herein shall be sufficient .
if sent by registered or certified mail, postage prepaid,
addressed to:'
Sanford Airport Authority, P.O.Box 818, Sanford, Florida 32771
and notices to the LESSEE shall be sufficient if sent by registered
or certified mail, postage prepaid addressed to the LESSEE at:
Castle B - Court, 10th and Oleander, Sanford, Florida 32771
or to such other respective addresses as the parties may
designate, in writing, from time to time.
I
16- FAA
Whenever the term "Federal Aviation Agency " -!is used in
this lease, it shall be construed as referring to the Federal
I, Aviation.: Agency created by the Federal Government under the
Civil Aeaxonautics Act of 1936, as amended, or to such other
1
,. _
agency car agencies or the Federal Government having, from time i
1
to time, similar jurisdiction over airports of the nature to be
operated` by LESSOR, including but not limited to, the presently
1
existing 7ederal Aviation Agency or its successors.
I
17.. ASSIGNMENT OR SUBLETTING
1
The: LESSEE shall not assign this lease nor any interest
therein,. for under -let or sub-let-all or any part of the leased
. i
premise, rights or privileges, without the written consent of
LESSOR baeing first had and obtained. No assignment of this lease �
ii •' Y :• i
shall relieve or release the LESSEE from any obligation, duty,
or liability herein or hereunder, but in the event of any assign-
ment, the LESSOR shall be authorized to deal with any assignee as
fully and completely as though he or it had been the original
lessee hereunder, without notice to the LESSEE. No consent by
the LESSOR to any subsequent assignment or sub - letting shall
operate as a consent to any other or future assignment or sub-
letting, or operate as a waiver of the requirement of the LESSOR'S
consent thereto. The LESSEE shall furnish the LESSOR with a
fully executed copy of any assignment made hereunder.
18. DISCRIMINATION
I
The (tenant, lessee, concessionaire, party of the second
part, etc.) , in exercising any of the rights or privileges herein';
granted to $him, her, it, them), shall not on the grounds of race,-
color or national origin discriminate or permit discrimination
against any person or group of persons in any manner prohibited
by Part 21 of the regulations of the Secretary of Transportation.
The (landlord, lessor, party of the first part, etc.) is hereby
granted the right to take such action, anything to the contrary
herein notes- thstanding, as the United States may direct to
enforce t'r_ s non - discrimination covenant.
19. =FIXES
All sml—es or use taxes from time to time levied by lawful
authority s.all be paid by and the responsibility of LESSEE.
2.
CONTINUED ON PAGE 22
I
� �
t3'•:
_
� �
'fit
�
_ i'': � �• . .
.�'
20. MISCELLANEOUS PROVISIONS
A.' The lease shall be subordinate to the provisions
of any existing or Future agreement between -tae LESSOR and the
United States, relative to said Airport property and the operation -
and maintenance of the Airport.
B. During time of war or any nat ional emergency the
LESSOR shall have the right to lease the landing area or any
part thereof to the United States Government for military or
naval use, and, if such lease is executed, the provisions 6f-
this instrument insofar as they are inconsistent with the pro -
visions of the lease to the Governmen shall be suspended. =
C. The LESSEE shall not at any time use the demised
premises or any part thereof for any purpose other than are
herein expressly authorized, without the written consent of
the LESSOR being first had and obtained.
D. The accumulation of rubbish, trash, rags, cans,
grease, food items, gasoline or other combustible materials in
or about the b` ildings will not be tolerated. LESSEE shall
keep his area clean at all times and it shall be subject to
inspection by the Airport Manager at any time and if found to .
be a fire or accident hazard LESSEE shall be so informed and
LESSEE shall w thin two (2) days notice clean the area to the
Airport Manage satisfaction.
E. LESSOR has the privilege of carding the above
described presa_ses for rent at any time within thirty (30)
days prior to he expiration of this lease' and during the said
time to exhibi � the said premises at reasonable hours.
_
F. -LESSOR may remove fixtures, such as heaters,
blowers, ste ines, fans, and similar itev.s not included in
w . b 2-2
'� - 4
ij ••
this lease, from the premises at any time not interfering with
LESSEES' operations.
G. The LESSEE agrees to abide by all rules and
regulations concerning operational safety, parking of aircraft,
vehicles, fire prevention and related - natters as promulgated by
j'
the Airport Mannager, copies of which rules and regulations are
available t,o LESSEE in the Office of the Airport Manager.
j.
H. Notwithstanding anything contained herein that
, be or appear to be to the contrary, it is expressly '
understood and agreed that the rights granted under this
agreement'are non - exclusive and the LESSOR reserves the right
i
to grant similar privileges to another operator or operators i-
i
FOR THE LESSEE
President
Attest
Witness
CORPORATE SEZAL
Secretary
Lease approved as per form and correctness
Airport Attorney
IN WITNESS WHEREOF, the LESSEE has caused this
instrument to be executed in its name by its duly authorized
officer, its corporate seal affixed and attested by its
Secretary, and the LESSOR, acting by and through the City of
Sanford Airport Authority, has caused this instrument to be
executed in its name by the Chairman of said Authority, and
attested by the Airport Manager, Sanford Airport, acting as
Clerk of said Authority, on the day and year first above
written.
FOR THE LESSOR
Signed, sealed and delivered CITY OF SANFORD AIRPORT
in the presence of: AUTHORITY
IC
Witness Chair4an
Attest 1 vi
Airpot tanager "
1
W •
I 2Y '
IN WITNESS WHEREOF, the LESSEE has caused this
instrument to be executed in its name by its duly authorized
officer, its corporate seal affixed and attested by its
Secretary, and the LESSOR, acting by and through the City of
Sanford Airport Authority, has caused this instrument to be
executed in its name by the Chairman of said Authority, and
attested by the Airport Manager, Sanford Airport, acting as
Clerk of said Authority, on the day and year first above
written.
FOR THE LESSOR
Signed, sealed and delivered CITY OF SANFORD AIRPORT
in the presence of: AUTHORITY
IC
Witness Chair4an
Attest 1 vi
Airpot tanager "
EXHIBIT A TO LEASE NO. 27 -7
i
1
'
r
E r
O y
y y
IX T
0
0 r' " 3 ii TT f 4•�
• Wl C . D {g S o .. ! j
N 9 .
r
( E
r• r
r
E r
O y
y y
O
z O
x
y m z
z r
r P
P p
1•
m l
0
0 r' " 3 ii TT f 4•�
• Wl C . D {g S o .. ! j
N 9 .
r
-!. that 'certain lease `dated Mav`1, 1973' , made by CITY OF ,r
SANFORD AIRPORT, AUTHORITY and,. the City of - Sanford Housing Au thority
.v'„":" -;;
Air ort, 'Sanford, Florida, , to the said ' the Cit y of :Sanfor _-
P
and�its successors and assigns from the date hereof, for and
during the'remainder.of the term thereof, subject to. the ' rents,
covenants, conditions, and provisos therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 9th day of September ,,A.D., 19 81 .
BY:
Witnesses: .
in a to
ATTE aAO LV '1
Notary fublio, State of fllorWe at Large
MY Commission Expires, fob. 22 1985
ACCEPTANCE OF ASSIGNMENT
The City of Sanford, Florida ,
in consideration of the above assignment and the written consent
of the lessor thereto, hereby accepts the same and assumes and
agrees to make all the payments and perform all the agreements
and conditions of said lease, the lessee to be performed,
this 9th day of September A.D , 19
WITNESSES:
a r s, t7ty Manager
.N. TAM, Jr.,
i
■