064-Wilson Center-RiverwalkLEASE
THIS LEASE is made and entered into this 27` day October, A.D.
2003, by and between THE CITY OF SANFORD, FLORIDA, a municipal
corporation, hereinafter called "LESSOR" and WILSON CENTER INC.,
550 North Palmetto Avenue, Sanford, Florida 32771, hereinafter
called "LESSEE."
W I T N E S S E T H:
WHEREAS, the Lessor desires that a Riverwalk Trailhead be
developed at the entry to Marina Isle in order to provide
restroom facilities and an outdoor cafe in order to service
persons utilizing the Riverwalk; and
WHEREAS, the Lessor, in similarity to public - private
partnerships already established for the Marina Isle, desires a
private partner to realize the development and success of the
Riverwalk Trailhead; and
WHEREAS, the Lessee intends to develop a Trailhead Facility
including retail commercial, outdoor restaurant /cafe uses and
public restroom facilities; and
WHEREAS, the proposed development is consistent with the Lake
Monroe Waterfront and Downtown Sanford Community Redevelopment
Plan; and
WHEREAS, the proposed development is consistent with the
City of Sanford Comprehensive Plan; and
WHEREAS, the Lessor and Lessee are desirous of entering
into this Lease.
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:
Page 1 10/17/2003
1. Under 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 the Sanford Riverwalk Trailhead Site, hereinafter
referred to as the "Leased Property ", and more particularly
described as follows:
Attached Exhibit "A"
Sketch and legal description provided by Wilson Center, Inc.
2. The term and duration of this Lease shall terminate on
the 31st day of December, 2040.
3. The Lessee hereby covenants and agrees upon execution of
this Lease to pay to Lessor as rent for calendar year 2003 the
sum of one thousand dollars ($1,000.00).
4. Both parties agree that the annual rent of one thousand
dollars ($1,000.00)per year or partial year, and shall increase
every five (5) years by five hundred dollars ($500.00) beginning
January 1, 2008 and shall increase similarly for each and every
five year period thereafter during the term of this Lease. The
Lessee pay all sums due as rent, without demand, to the Lessor,
upon execution of this Lease and, thereafter, on or before the
first day of January of each year thereafter.
5. The Lessor agrees to waive all City permit fees for the
Leased Property except for required impact fees.
6. The terms and conditions of the certain "Agreement To
Lease," between the parties, dated October 27 2003 and is
hereby incorporated herein in its entirety, to the extent not
implemented by this Lease and are made part hereof.
7. It is furthermore agreed that all improvements located
upon the Leased Property shall, upon the termination of this
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Lease, including any renewal in accordance with the terms herein,
shall revert in fee simple absolute to the City of Sanford.
8. Lessee, in addition to the rentals required herein,
agrees to timely pay, without demand, 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.
9. Lessee shall further provide public liability and
property damage insurance, naming Lessor as co- insured, with 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
N01100 ($1,000,000.00) DOLLARS. Lessee shall also continuously
carry full replacement costs born from hazard insurance on all
improvements.
10. Lessee, at its sole expense, will operate, maintain
and repair all improvements constructed upon the Leased Property
and will further place and maintain landscaping in all
appropriate and permitted 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,on,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
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regulations of the applicable fire prevention codes for the
prevention of fires, at Lessee's own cost and expense.
11. 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 other than as
herein agreed, nor make any alterations therein, nor any
additions thereto, without the written consent of the Lessor,
which consent may not be unreasonably 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
Lease, including any renewal.
12. Lessee shall not be liable for any prior environmental
contamination of the Leased Property, nor for cleanup of same.
Lessee shall be responsible for any environmental contamination
that results from its occupancy or subleasing of the Leased
Property.
13. The Leased Property shall be deemed to be in compliance
with the City's Land Development Code Requirements including, but
not limited to, parking requirements contained in said Code,
subject to Lessee's compliance with an approved site plan.
14. Lessee shall have the right to utilize the Leased
Property in compliance with the City's Comprehensive Plan and
Land Development Code. The Lessee shall have the right to utilize
the Leased Property for commercial uses.
15. 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 will, 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
so accept within thirty (30) days shall constitute rejection. In
the event the renewal terms are rejected by Lessee, this Lease
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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.
16. Upon default hereof by Lessee, this Lease at the
option of Lessor, may be declared terminated in which event all
improvements and permanently affixed equipment shall inure to and
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,
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 default under
this Lease, and all of the rights of Lessee herein.
17. 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
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any right, title or interest in or to the Leased Property by
virtue of this Lease.
18. In the event of any default under this Lease, Lessor
will not terminate this Lease or take any action to enforce any
claim with respect thereto without giving to the holder of any
mortgage on improvements 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. Past due rents shall accrue
interest at the maximum interest rate permitted by State law.
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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 SANFORD, FLORIDA
in the presence of:
.9m
BRADY LE SARD, MAYOR /
WILS NC.,
By:
Robert L. Horian, as President
Wit Ss
G
Witness
APPROVED TO FORM AND
LEGAL SUFFICANCY
Page 7
10/17/2003
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