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Bernarr MacFadden Foundation, Inc.-Athletic Field/3 Baseball FieldsTHIS LEASE, made and entered into this '�C' day of A.B. 1963, by and between BERNARR MACFADIMN FOUNDATION, INC., a New fork membership corporation, here called Lesson, and 01W, OF �RD, FLORIDA, a municipal t corporation, hereinafter called Lessee, WITNESSE' i, that for and in consideration of the sum of One Dollar, together with other Road and valuable considera- tion, receipt of which is acknowledged by Lessor, as well as the mutual covenants and agreements hereinafter set forth, Lessor does hereby lease and let unto Lessee for and during a period of two (2) gears from the date hereof the following described property lying and being in Seminole County, Florida, to -wits BEGINNING at an iron pi set in the North line of and 339.96 feet N. 89 58 15" N. of the NW corner of Lot 10, Pace Acres, according to the plat thereof as recorded in Flat Book I. page: 21 of the Pu blic Records of Seminole County, Florida, which North line is also the South right of war line of 8th Street; and thence run S. 0 Oil 45" E. a distance of 251.28 feet - to an iro p i pe; thence run S. 42 27 29" E. a distance of 254. feet to an iron pipe run S. 1 31 44 N. a `g is tance of 357.20 feet to an i ron pipe; thence run S. 89 19 46" w. a d'1stance of 295.50 feet to an iron pipe; thence run S. 0 25' 59" 2. a distance of 12 - feet to an iron pipe; thence run N. 89 58 12" E. a distance of 399 »91 feet to an iron pipe set in the nest line of and 11$ » feet S. 0 03 46" E. of the NW corner of . the East . 114.00 feet of the South 628.00 feet of Lot 23 of sarLd Pace Acres; thence run N. 0 03 1 40" W. 112.30 feet to an iron pipe not at the NW corner of the East 114 »00 feet of the South 628.00 feet of said Lot 23; thence run East 448.20 feet to an iron pipe set at the HE corner of Lot 22 of said Face Acres; thence run N. 0 03 40* W. a distance of 812.24 feet to the NE corner of Lot 13 of said Pace Acres, which is on the South right of way line of 8th Street; and thence run S. 890 58f 15" W. along said right of way line a distance of 733.00 feet to an iron pipe, the point of BEGINNING. Containing exactly 12.9192 acres. EXCEPTING AND RESERVING HOWEVER, that certain steel Butler Building now located on the most south- erly line of the above- described premises, together with the land underlying the same and a sufficient area of land surrounding the sate to permit Lessor full and unrestricted ingress and egress to and from said building and the parcel of land owned by Lessor immediately to the south of said building and the above - described premises. SUBJECT, HOWEVER, to all liens, encumbrances and title defects which said premises were this day con - veyed subject to by Lessee to Lessor. The premises leased to Lessee hereunder are hereinafter called the "demised premises ". i This lease is made upon the following terms and con- ditions: 1. Lessee will pay unto Lessor as rental for the demised premises the sum of One Dollar annually, in advance. 2. Lessee shall use the demised premises for those purposes for which Lessee used the same prior to selling the same to Lessor, to wit, as recreational facilities for the City of Sanford, Florida, and for no other purposes. Lessee shall not alter or improve the demised premises, or assign this lease or sublet all or any portion of the demised premises, without Lessors prior written consent. 3. Lessee shall keep and maintain the demised premises and any improvements thereon in good order and condition during i the entire term of this lease shall keep the grass on said premises watered and mowed, shall.beep any sidewalks abutting said premises in good order and repair and free from dirt, rub- bish and obstructions,shall keep all recreational facilities thereon in proper and safe condition and shall, upon the ex- piration or any sooner termination of the terra of this lease, surrender the demised premises and any improvements thereon to Lessor free of all tenants and occupants in the same condition M5 as the same were in at the date hereof, reasonable wear excepted.' 4. Lessee agrees to, and hereby does, indemnify and 'hold Lessor harmless from and against any and all claims, demands, ,liability, coate, damages, judgments and expenses (including, without limitation, attorneys' fees) which may be asserted against, UVosed upon or incurred by Lessor as a result of the I condition of the demised remises or any ny sidewalk abutting the same; any use or non -use of the demised premises made or suffered' or permitted to be made by Lessee; any activity conducted or suffered or permitted to be conducted thereon by Lessee; any default .by Lessee in performing any of its obligations under the teases of this lease; or any accident, injury, death or damage to any person or property occurring in, on or about the demised premises or any street, sidewalk, curb or space adjacent thereto. 5. If all or any substantial portion of the demised ,premises should be taken b3r condemnation or eminent domain, this lease shall terminate and Lessee shall have no interest in, and shall not have the right to receive any portion of, any award made by the authority so taking the demised premises or such portion thereof. 6. It in understood and agreed by the parties hereto that Lessor shall have the right, upon reasonable notice to Lessee, to use the dealsed premises and the three baseball dia- -nonds thereon from time to time in connection with Lessor's school activities and projects, including, without limitation, the use of said premises and facilities by Lessor's students and tructors and those of other schools with which it may engage joint activities. Lessee agrees to use its best efforts to e said premises and facilities available for use by Lessor as resaid upon request. Notwithstanding the provisions of para- W9 graph 4 above, Lessor agrees to indemnify and hold Lessee harm- less from any and all liability, claims, demands, costs, damages and expenses (including, without limitation, attorneys' fees) resulting from any use of or activities conducted upon the demised premises by Lessor unless such liability, claims, demands, coats, damages and expenses, result from Lessee's failure to keep said premises in good and safe order and condition. T. If Lessee should fail to comply with any of its obligations under this lease within thirty (30) days after re- ceiving written notice of such default from Lessor, Lessor may terminates this lease by giving written notice to Lessee and /or Lessor may perform such obligations on behalf of Lessee, and any expenses incurred by Lessor in so doing, together with interest at the rate of five percent (5 %) per annum from the date payment of such expenses is made, shall be additional rent payable by Lessee to Lessor upon demand. 8. This lease is and shall be subject and subordinate to any and all mortgages now or hereafter affecting the demised premises or any part thereof. Lessee agrees promptly upon request of Lessor to execute,, acknowledge and deliver any instrument or instruments which Lessor may reasonably require to confirm such subordination. 9. All notices and other communications which either party may desire or be required to give to the other under the terms hereof shall be in writing and shall be sent by regis- tered mail, return receipt requested, if to Lessor, at 24 West 40th Street, New York, Now York, and if to Lessee, c/o W. C. Hutchison, Jr., Post Office Drawer R. Sanford, Florida, until and unless a different address may be designated by either party for the receipt of notices in this manner set forth above. -4- 10. This lease shall be binding upon Lessor, its successors and assigns, and upon Lessee, its successors and, subject to the restrictions set forth above, its assigns. IN WITNESS WMFXQF, the parties hereto have caused this instrument to be Executed by their duly authorized officers and their corporate seals affixed on the day and year first above written, ATTEST: Assistant 3ooret BRRNARR NACYADIMN FOUNDATION, INC. B '. + V" ,•..�.�..._. _. -,; .fi j........_E. �' G L�� � - "�... i C � - 7 � es n CITY OF SANFORD, FLORIDA ATTEST By / yor _.. ; ems'"""""