031-Seminole CountyAMENDMENT TO SANFORD CITY HALL LEASE
THIS AMENDMENT is to that certain Lease made and entered
into on the 2nd day of November, 1982, as amended on September 25,
1984, between the CITY OF SANFORD, whose address is Post Office Box
1778, Sanford, Florida 32771, hereinafter referred to as LESSOR,
and SEMINOLE COUNTY, a political subdivision of the State of
Florida, whose address is Seminole County Services Building, 1101
East First Street, Sanford, Florida 32771, hereinafter referred to
as LESSEE.
W I T N E S S E T H:
WHEREAS, the LESSOR and LESSEE entered into the above-
referenced Lease on November 2, 1982, and subsequently amended, for
administrative office space and;
WHEREAS, the parties desire to amend the Lease so as to
enable both parties to continue to enjoy the mutual benefits it
provides; and
WHEREAS,
said
Lease expires
on September
30, 1985;
and
WHEREAS,
it is
the desire of
the parties
hereto to
extend
for one (1) year from October 1, 1985 through September 30, 1986,
the terms of said Lease; and
WHEREAS, Article 16 of the Lease provides that any amend-
ments shall be valid only when expressed in writing and duly signed
by the parties,
NOW, THEREFORE, in consideration of the mutual under-
standings and agreements contained herein, the parties agree to
amend the above - referenced Lease by amending Articles 1, 4, 15 and
16 herein as follows:
1. Article 1 of the Lease is amended to read:
ARTICLE 1. DEMISE, DESCRIPTION, USE,
TERM AND RENT
Lessor hereby leases to Lessee, and Lessee hereby leases
from Lessor, that certain property, hereinafter called the "leased
premises ", situated in Sanford, Seminole County, Florida, and de-
scribed in that certain Addendum "A" attached hereto and incorp-
orated herein by reference; to be used only as administrative
office space and for no other purposes, for the term of one (1)
A
year, commencing October 1, 1985 through September 30, 1986; with
the minimum annual rental for the first year being THIRTY SIX
THOUSAND ONE HUNDRED SIXTY FOUR AND 24/100 DOLLARS ($36,164.24),
payable as specified in Article 2 and subject to the provisigns
otherwise contained herein.
2. Article 4 of the Lease is amended to read:
ARTICLE 4. FURTHER TERMS RELATIVE TO UTILITIES
Lessee shall during the term hereof pay all charges for
electricity, sewage, and water used in or on the leased premises,
and for the removal of rubbish therefrom immediately on becoming
due and shall hold lessor harmless from any liability therefor.
Such payments shall be made immediately on becoming due. This
shall be computed at TWO AND 098/1000 DOLLARS ($2.098) per square
foot or equal monthly payments of TWO THOUSAND FOUR HUNDRED SIXTY -
ONE AND 67/100 DOLLARS ($2,461.67) to the City of Sanford; payable
with the rental; said utility charge being calculated over the
entire 14,077.26 square feet of the first floor of Sanford City
Hall.
3. Article 15 of the Lease is amended to read:
ARTICLE 15. ASSIGNMENT AND SUBLEASE
The Lessee shall not assign or sublet the leased
premises, or any part thereof, without first obtaining the written
consent of the Lessor.
4. The Notices and Addresses section of Article 16 of
the Lease is amended to read:
ARTICLE 16. MISCELLANEOUS
Notices and Addresses
All notices provided to be given under this agreement
shall be given by certified mail or registered mail, addressed to
the proper party, at the following address:
LESSOR: City of Sanford
Post Office Box 1778
Sanford, Florida 32771
LESSEE: Director of Public Services
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
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5. Except as herein modified, all terms and conditions
of the Lease aforesaid shall remain in full force and effect for
the term of this Agreement, as originally set forth in said Lease.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument in 3 counterparts for the purpose herein expressed
thi day of 19
ta--«
ATTEST: CITY OF SANFORD
By: Zd"'
Cit ClerF MAYOR
Date: September 23, 1985
ATTEST:
0 1&4409w�= - - -
DAVID N. B RRIEN
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
For use and reliance of
Seminole County only.
Approved as to form and
legal sufficiency.
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
Chairman
Date:
a4
C unty Attorney
-3-
As authorized for execution by
the Board of County Com is-
sioners in their
19$, regular meeting.
8 v
b
Mr. Frank A. Faison
Sanford City Manager
P.O. Box 1778
Sanford, FL 32772
Dear Frank:
COUNTY OF SEMINOLE
SHE STET
< e
A
u
• J�Poe wr
FLORIDA
September 17, 1986
Due to the ca-rpletion of the Seminole County Courthouse Renovation, we
no longer have the need to lease the space in the downstairs area of
City Hall after September 30, 1986.
I want to thank you for assisting us in our space needs over the past
few years and we look forward to a sound working relationship in the
future.
Cordially,
Ric Holt
Director
Facilities Maintenance
Seminole County
cc: Ken Hooper - County Administrator
Montye Beaner- Assistant County Administrator
Lease file -City Hall
File
�T
Sanford, F
j orl
G 1 32771 -0212 dd
Commission - Manager Plan
November 9, 1982
WARREN E. KNOWLES
CITY MANAGER
L
Mr. Roger Neiswender
County Administrator
Seminole County Courthouse
Sanford, Florida 32771
3051322 -3161
P. O. BOX 1778
300 NORTH PARK AVENUE
Re: Lease of city hall space
Dear Roger:
Enclosed is an executed copy of the lease of 7,913.40
square feet of the enclosed first floor area of the city hall.
The effective date is November 22, 1982, and it is for a one
(1) year period; with an option to renew.
Please have a check cut for one month's rent in the
amount of $3,013.69 prior to November 22, 1982, and obtain
the certificate of insurance for liability of at least $300,000. -
and property damage of at least $100,000. -; specifically indemnifying
the City of Sanford.
Rog, I wish to compliment you on the cooperative and open
manner of Mr. John Percy in working out your space needs and
adopting them to this lease. John is a pleasant individual
to work with.
Very truly yours,
CITY OF SANFORD
W.E. "Pete" Knowles
City Manager
WEK /mjh
Enclosure
CC: Assist, to the City Manager
"The Friendly City"
L E A S E A G R E E M E N T
This lease agreement is made and entered into this
004 day of 0 L y��p Q /� , 19, at Sanford, Florida,
by and between the CITY OF SANFORD, hereinafter called "Lessor ",
and SEMINOLE COUNTY, hereinafter called "Lessee ".
ARTICLE 1. DEMISE, DESCRIPTION, USE,
TERM AND RENT
Lessor hereby leases to Lessee, and Lessee hereby leases
from Lessor, that certain property, hereinafter called the "leased
premises ", situated in Sanford, Seminole County, Florida, and
described in that certain Addendum "A" attached hereto and
incorporated herein by reference; to be used only as administrative
office space and for no other purposes, for the term of one (1)
year, commencing November 22, 1982, and ending on November 22,
1983; with the minimum annual rental for the first year being
THIRTY SIX THOUSAND ONE HUNDRED SIXTY FOUR AND 24/100 DOLLARS
($36,164.24), payable as specified in Article 2 and subject to the
provisions otherwise contained herein.
ARTICLE 2. RENT
Minimum Rent
Lessee shall pay Lessor at the City Hall, Sanford,
Florida 32771 or at such other place as the Lessor shall designate
from time to time in writing, as rent for the leased premises, the
annual sum for the first year's rent of THIRTY SIX THOUSAND ONE
HUNDRED SIXTY FOUR AND 24/100 DOLLARS ($36,164.24), payable without
demand and without setoff or deduction, except as expressly pro-
vided herein, in equal monthly installments of THREE THOUSAND
THIRTEEN AND 69/100 DOLLARS ($3,013.69), each in advance on the
last day of each calendar month.
Advance Rental
Lessee shall, on execution of this lease, pay to Lessor
the sum of THREE THOUSAND THIRTEEN AND 69/100 DOLLARS ($3,013.69),
receipt of which is hereby acknowledged, as payment of the rental
due hereunder for the first month and the sum of THREE THOUSAND
THIRTEEN AND 69/100 DOLLARS ($3,013.69), receipt of which is hereby
acknowledged, as the security deposit under this lease, to be held
pursuant to the provisions of Article 9 hereof.
Additional Rental
Lessee agrees to pay as rent, without demand, setoff, or
deduction, in addition to the minimum rental hereinabove provided,
the following:
Garbage Collection
All garbage and /or trash collection charges for the
removal of garbage, trash, rubbish, or debris, for the benefit of
the leased premises and for the benefit of the Lessee for the term
of this lease, shall be paid by the Lessee and the Lessor shall be
held harmless from any duty to pay same. There shall be no dump -
sters or similar garbage and /or trash collection equipment placed
in the parking lot, in front of the building.
Fire Insurance Premiums
All increases in fire insurance premiums on the leased
premises due to an increase in the rate of fire insurance in excess
of the rate on the leased premises at the time of making this lease,
if said increase is caused by any act or neglect of the Lessee of
the nature of the Lessee's business.
Sewage Charges
The Lessee shall pay any and all charges for water, water
meters, water connections or hook -ups to available water systems,
and shall further pay any and all sewer rental or charges for use of
sewers, sewage system and sewage treatment works which may present-
ly service the leased premises or will service the leased premises
in the future. Lessor's determination of the Lessee's charges
shall be final and not exceed Lessor's expenses.
Additional Real Estate Taxes
As Rent Adjustment
If the real estate taxes attributable to the premises and
applicable to the calendar year beginning January 1, 1983, or to
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any calendar year thereafter during which the premises shall have
been fully assessed, shall exceed the real estate taxes attribut-
able to the premises, such additional rent shall be paid in twelve
(12) equal monthly installments commencing January 1, 1984; pro-
vided, however, that any such additional rent shall not be due and
payable beyond the term of this lease or renewal period thereof.
Effect or Default in Rent
and Other Payments
If Lessee defaults in the payment of any installment of
rent hereunder, such installment shall bear interest at the rate of
ten (10) percent per annum from the date it is due until actually
paid. In like manner, all other obligations, benefits, and moneys
which may become due to Lessor from Lessee under the terms hereof,
or which are paid by Lessor because of Lessee's default hereunder,
shall bear interest at the rate of ten (10) percent per annum from
the due date until paid, or, in the case of sums paid by Lessor,
because of Lessee's default hereunder, from the date such payments
are made by Lessor until the date Lessor is reimbursed by Lessee
therefor.
ARTICLE 3. INSURANCE
Lessor's Obligation
Lessor agrees to and shall immediately upon the execution
of this lease, secure from a good and responsible company or com-
panies doing insurance business in the State of Florida, and main-
tain during the entire term of this lease, fire and extended cover-
age insurance in an amount not less than seventy -five (75) percent
of the value of the leased premises, provided that insurance in
such percentage can be obtained, and, if not, then to the highest
percentage that can be obtained less than the said seventy -five
(75) percent.
Lessee's Objection
Lessee agrees to and shall immediately upon the execution
of this lease, secure from a good and responsible company or com-
panies doing insurance business in the State of Florida and
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maintain during the entire term of this lease, the following insur-
ance coverage:
(1) Public liability insurance in the minumum amounty of
THREE HUNDRED THOUSAND AND N0 1100 DOLLARS ($300,000.00) for loss
from an accident resulting in bodily injury to or death of persons,
and ONE HUNDRED THOUSAND AND N01100 ($100,000.00) for loss from an
accident resulting in damage to or destruction of property.
(2) Fire and extended coverage insurance on Lessee's
fixtures, goods, wares, and merchandise in or on the leased prem-
ises, with coverage in an amount or not less than its full insur-
able value.
Proof of Coverage
On securing the foregoing coverages, the parties shall
give the other written notice thereof together with a certified
copy of the appropriate policies.
Protection Against Cancellation
Proof must also be given by each party to the other, pur-
suant to paragraph above, that each of the policies provided for in
this article expressly provides that the policy shall not be can-
celled or altered without fifteen (15) days prior written notice to
the other party.
Failure to Secure
If either party at any time during the term hereof should
fail to secure or maintain the foregoing insurance, the other party
shall be permitted to obtain such insurance in the defaulting
party's name or as the agent of the defaulting party and shall be
compensated by the defaulting party for the cost of the insurance
premiums. The defaulting party shall pay the other interest on
paid insurance premiums at the rate of ten (10) percent per annum
computed from the date written notice is received that the premiums
have been paid.
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Proceeds
Proceeds from any such policy or policies shall be pay-
able to Lessor, who shall use such proceeds to make repairs as
provided below.
Fire and Casualty Damage
If the building or other improvements on the leased prem-
ises should be damaged or destroyed by fire, flood, or other
casualty, Lessee shall give immediate written notice thereof to
Lessor.
Total Destruction
If the building on the leased premises should be totally
destroyed by fire, flood, or other casualty, or if it should be so
damaged that rebuilding or repairs cannot reasonably be completed
within one hundred and eighty (180) working days from the date of
written notification by Lessee to Lessor of the occurrence of the
damage, this lease shall terminate and rent shall be abated for the
unexpired portion of this lease, effective as of the date of said
written notification.
Partial Damage
If the building, or other improvements on the leased
premises should be damaged by fire, flood, or other casualty, but
not to such an extent that rebuilding or repairs cannot reasonably
be completed within one hundred and twenty (120) working days from
the date of written notification by Lessee to Lessor of the occur-
rence of the damage, this lease shall not terminate, but Lessor
shall, if the casualty has occurred prior to the final four (4)
months of the lease term at his sole cost and risk proceed forth-
with to rebuild or repair such building and other improvements to
substantially the same condition in which they existed prior to
such damage. If the casualty occurs during the final four (4)
months of the lease term, Lessor shall not be required to rebuild
or repair such damage. If the building and other improvements are
to be rebuilt or repaired and are untenantable in whole or in part
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following such damage, the rent payable hereunder during the period
in which they are untenantable shall be adjusted equitably. In the
event that Lessor should fail to complete such rebuilding or
repairs within one hundred eighty (180) working days from the date
of written notification by Lessee to Lessor of the occurrence of
the damage, Lessee may at its option terminate this lease by
written notification at such time to Lessor, whereon all rights and
obligations hereunder shall cease.
Ensuring
Security and Safety of Premises
The building, its contents, other improvements or persons
on the leased premises must be made secure by devices such as
locks, electric device, safety device or lighting by the Lessee.
The Lessee, but not the Lessor, shall be responsible or liable for
losses to same due to a breach of security or safety.
ARTICLE 4. FURTHER TERMS RELATIVE TO UTILITIES
Lessee shall during the term hereof pay all charges for
electricity, sewage, and water used in or on the leased premises,
and for the removal of rubbish therefrom immediately on becoming
due and shall hold Lessor harmless from any liability therefor.
Such payments shall be made immediately on becoming due. This
shall be computed at ONE AND 51/100 DOLLARS ($1.51) per square foot
or equal monthly payments of ONE THOUSAND SEVEN HUNDRED SEVENTY ONE
AND 39/100 DOLLARS ($1,771.39) to the City of Sanford; payable with
the rental; said utility charge being calculated over the entire
14,077.26 square feet of the first floor of Sanford City Hall.
ARTICLE 5. WASTE AND NUISANCE
Lessee shall not commit, or suffer to be committed, any
waste on the leased premises, nor shall he maintain, commit or per-
mit the maintenance or commission of any nuisance on the leased
premises or use the leased premises for any unlawful purpose.
ARTICLE 6. REPAIRS AND MAINTENANCE
Lessee's Duty to Repair and Maintain
Lessee agrees to keep the leased premises in good order
and repair. Lessee further agrees to keep the leased premises
clean, and to repair or replace all broken or damaged doors, locks,
door closers, windows, plumbing, heating or air conditioning fix-
tures and pipes, floors, electrical, stairways, railings, septic,
or other portions of the leased premises whatever the cause.
Lessee shall keep the said pavements and appurtenances
free of debris and trash and expressly agrees to assume sole
liability for accidents alleged to have been caused by their defec-
tive condition. Lessee agrees to use reasonable care to avoid
improper use of the sewer system or the introduction of inappropri-
ate objects or materials into said system. Lessee shall provide
adequate extermination services to leased premises during the term
of this lease and provide evidence of same to Lessor upon demand.
The Lessee shall procure and maintain a suitable floor
covering, wall coverings, lighting fixtures, security devices, but
any such items or materials which become permanently attached to
the building shall become part of the leased premises and shall not
be removed by the Lessee upon termination or expiration of this
lease.
Lessor's Duty
More specifically, Lessor shall repair and maintain the
leased premises so that the premises will have at the time of com-
mencement of the lease:
(1) Effective waterproofing and weather protection of
roof .
(2) A water supply approved under applicable law which
is under the control of Lessee, capable of producing cold running
water furnished to appropriate fixtures and connected to a sewage
disposal system under applicable law.
(3) Heating facilities which conform with applicable
law at the time of installation.
(4) Building, grounds, and appurtenances at the time of
the commencement of the lease shall be in every part clean, sanita-
ry, and free from all accumulations of debris, filth, rubbish,
garbage and rodents.
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(5) If Lessee does not lease said premises (as identi-
fied in Addendum A) for sixty (60) months through this Lease and
subsequent Leases, Lessee agrees to pay the actual cost to rein-
stall the wall or the Lessee may choose to accomplish the recon-
struction of partition wall removed at the request of the Lessee
concurrent with the execution of this Lease.
Lessee's Duties
Correlative to Lessor's Obligations
However, no duty on the part of the Lessor shall arise
with respect to maintenance or repairs under the above paragraphs
in Article 6 of this lease if Lessee is in substantial violation of
any one or more of the following affirmative obligations:
(1) To keep that portion of the leased premises which
Lesse occupies and uses as clean and sanitary as the condition of
the premises permits.
(2) To dispose from the leased premises all rubbish,
garbage, and other waste, in a clean and sanitary manner.
(3) To use and operate properly all electrical, gas, and
plumbing fixtures and keep them clean and sanitary as their
condition permits.
(4) Not to permit any person on the premises with
Lessee's permission willfully or wantonly to destroy, deface,
damage, impair, or remove any part of the leased premises of the
facilities, equipment, or appurtenances thereto.
Lessee's Rights
to Repair for Lessor or Vacate
(1) If, within a reasonable time after Lessee's notice
to Lessor of repairs or maintenance which Lessor has a duty to
repair, Lessor neglects to make such repairs, Lessee may repair the
same himself, where the cost of the repairs does not require an
expenditure greater than one month's rent, and deduct the expenses
of such repairs from the rent; or Lessee may vacate the premises in
which case he will be discharged from further payment of rent, or
performance of other conditions.
(2) For the purposes of this paragraph, if Lessee makes
repairs at least thirty (30) days following the giving of notice to
Lessor, he will be presumed to have acted after a reasonable time.
ARTICLE 7. ALTERATIONS, IMPROVEMENTS AND FIXTURES
LESSEE SHALL NOT ALTER OR IMPROVE THE LEASED PREMISES
WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR TO DO SO, and any and
all alterations, additions, improvements, and fixtures, which
Lessee shall be permitted to remove from the leased premises at any
time during the term hereof or sooner termination of this lease and
not otherwise if such removal can be effected without injury to the
leased premises and if any such fixtures shall not have become, by
the manner in which it is affixed, an integral part of the leased
premises, made or placed in or on said premises shall on expira-
tion, or sooner termination of this lease, belong to Lessor without
compensation to Lessee; provided, however, that Lessor shall have
the option, to be exercised on expiration or sooner termination of
this lease, to require Lessee to remove any of all of such addi-
tions, improvements, or fixtures. Before installing any fixtures
in or on the leased premises, Lessee shall submit plans and designs
therefor to Lessor for his approval, and in the event that the
plans and designs are disapproved by Lessor, such fixtures shall
not be installed until any changes requied by Lessor are made. In
the even Lessor does not elect to exercise its option to require
Lessee's removal of additions, improvements or fixtures, all such
improvements, including fixtures and any additions, alterations or
repair to the premises placed on or made to the premises by Lessee
during the term of this lease shall revert to and become the
absolute property of Lessor, free and clear of any and all claims
against them by Lessee or any third person, and Lessee hereby
agrees to hold Lessor harmless from any claims that may be made
against such improvements by any third persons.
ARTICLE 8. QUIET POSSESSION
Covenant of Quiet Possession
Lessor shall, on the commencement date of the term of
this lease as hereinabove set forth, place Lessee in quiet posses-
sion thereof against all persons lawfully claiming the same during
the entire lease term and each extension thereof.
Covenant Regarding Encumbrances
Lessor covenants that the leased premises are not subject
to any lien, claim or encumbrance, except as hereinafter set forth,
and that he is not in default or arrears in the making of any pay-
ment or the performance of any obligation relating to the leased
premises.
ARTICLE 9. SECURITY DEPOSIT
Receipt of Deposit
Lessee has this day deposited with the Lessor the addi-
tional sum of N/A DOLLARS ($ N/A ) receipt of which
is hereby acknowledged by Lessor, as security for the full and
faithful performance of Lessee of the aforementioned terms, condi-
tions, and covenants of this lease on Lessee's part to be performed
and kept and for the cost of any trash removal, housecleaning, and
repair or correction of damage in excess of normal wear and tear.
Return of Deposit
The security deposit or any balance thereof shall be
returned without interest after the Lessee has vacated and left the
premises in an acceptable condition (following a personal inspec-
tion by Lessor) and surrendered all keys. If Lessor determines
that any loss, damage, or injury chargeable to the Lessee hereunder
exceeds the security deposit, the Lessor, at his option, may retain
the said sum as liquidated damages or may apply the sum against any
actual loss, damage, or injury and the balance thereof will be the
responsibility of Lessee. Lessor's determination of the amount, if
any, to be returned to the Lessee shall be final. It is further
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understood and agreed that the said security deposit is not to be
considered as the last payment under the lease.
ARTICLE 10. DELIVERY OF POSSESSION
If Lessor shall be unable for any reason whatsoever to
deliver possession of the leased premises on the commencement date
of the term hereof, he shall not be liable to Lessee for any damage
caused thereby, nor shall this lease thereby become void or void-
able nor shall the term hereof in any way be extended, but in such
event Lessee shall not be liable for any rent herein reserved until
such time as Lessor can and does deliver possession.
ARTICLE 11. TERMINATION OR EXTENSION
Lessee is hereby granted and shall, if not at the time in
default under this lease, have an option to renew this lease for an
additional period of one (1) year only from the termination date
hereof but otherwise on the same terms, covenants, and conditions
and subject to the same exceptions and reservations herein con-
tained, except that the rental may, at Lessor's option be increased
to the rental as determined under Article 17 of this lease.
How Exercised
This option shall be exercised only by Lessee's delivery
to Lessor in person or by United States registered or certified
mail on or before November 1, 1983, a written notice of his elec-
tion to renew the term of this lease as herein provided.
Effect of Holding Over
In the event Lessee does not renew this lease as herein
provided, and holds over beyond the expiration of the term hereof,
such holding over shall be deemed a month -to -month tenancy only, at
the rental of THREE THOUSAND THIRTEEN AND 69/100 ($3,013.69) per
month, payable on the 1st day of each and every month thereafter
until the tenancy is terminated in a manner provided by law. In the
event Lessee does hold over against the wishes of and without con-
sent of Lessor, Lessee shall be liable for any and all damages sus-
tained by Lessor as a result, directly or indirectly, of Lessee's
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failure to vacate the premises in a timely manner (such damages to
specifically include the loss of a new tenant), together with a
reasonable attorney's fee, court costs and expenses of such
lawsuit.
ARTICLE 12. SURRENDER OF PREMISES
Lessee shall, at least one hundred and twenty (120) days
prior to expiration of the term, or any extended term hereof, give
to Lessor a written notice of his intention to surrender the leased
premises on that date, or forfeit his security deposit, but nothing
contained herein shall be construed as an extension of the terms of
hereof or as a consent of Lessor to any holding over by Lessee.
Removal of Property
Lessee shall, without demand therefor and at his own cost
and expense prior to expiration or sooner termination of the term
hereof or of any extended term hereof remove all property belonging
to him and all alterations, additions, or improvements, and fix-
tures which by the terms hereof he is permitted to remove; repair
all damage to the leased premises caused by such removal; and
restore the leased premises to the condition they were in prior to
the installation of the property so removed. Any property not so
removed shall be deemed to have been abandoned by Lessee and may be
retained or dosposed of by Lessor.
Surrender
Lessee agrees to and shall on expiration or sooner
termination of the term hereof or of any extended term hereof,
promptly surrender and deliver the leased premises to Lessor with-
out demand therefor in good condition, ordinary wear and tear and
damage by the elements, fire, or act of God, or by other cause be-
yond the reasonable control of Lessee excepted.
ARTICLE 13. DEFAULTS AND REMEDIES
Default by Lessee
If Lessee shall allow the rent to be in arrears more than
thre (3) days after written notice of such delinquency, or shall
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remain in default under any other condition of this lease for a
period of ten (10) days after written notice from Lessor, or should
any other person than Lessee secure possession of the premises, or
any part thereof, by reason of any receivership, bankruptcy pro-
ceedings, or other operation of law in any manner whatsoever,
Lessor may at his option, without notice to Lessee, terminate this
lease, or in the alternative, Lessor may re -enter and take posses-
sion of said premises and remove all persons and property there-
from, without being deemed guilty of any manner of trespass, and
relet the premises or any part thereof, for all or any part of the
remainder of said term, to a party satisfactory to Lessor, and at
such monthly rental as Lessor may with reasonable diligence be able
to secure. Should Lessor be unable to relet after reasonable
efforts to do so, or should such monthly rental be less than the
rental Lessee was obligated to pay under this lease, or any renewal
thereof, plus the expense of reletting, then Lessee shall pay the
amount of such deficiency to Lessor.
It is expressly agreed that in the event of default by
Lessee hereunder, Lessor shall have a lien upon all goods,
chattels, or personal property of any description belonging to
Lessee which are placed in, or become a part of, the leased prem-
ises, as security for rent due and to become due for the remainder
of the current lease term, which lien shall not be in lieu of or in
any way affect any statutory Lessor's lien given by law, but shall
be cumulative thereto; and Lessee hereby grants to Lessor a securi-
ty interest in all such personal property placed in said leased
premises for such purposes. This shall not prevent the sale by
Lessee of any merchandise in the ordinary course of business free
of such lien to Lessor. In the event Lessor exercises the option to
terminate the leasehold, and to re -enter and relet the premises as
provided in the preceding paragraph, then Lessor may take posses-
sion of all of Lessee's property on the premises and sell the same
at public or private sale after giving Lessee reasonable notice of
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the time and place of any public sale or of the time after which any
private sale is to be made, for cash or on credit, or for such
prices and terms as Lessor deems best, with or without having the
property present at such sale. The proceeds of such sale shall be
applied first to the necessary and proper expense of removing,
storing, and selling such property, then to the payment of any rent
due or to become due under this lease, with the balance, if any, to
be paid to Lessee.
All rights and remedies of Lessor under this lease shall
be cumulative, and none shall exclude any other right or remedy at
law. Such rights and remedies may be exercised and enforced con-
currently and whenever and as often as occasion therefor arises.
Default by Lessor
If Lessor defaults in the performance of any term,
covenant, or condition required to be performed by him under this
agreement, Lessee may elect either one of the following:
(1) After not less than thirty (30) days notice to
Lessor, Lessee may remedy such default by any necessary action, and
in connection with such remedy may pay expenses and employ counsel;
all (reasonable) sums expended or obligations incurred by Lessee in
connection therewith shall be paid by Lessor to Lessee on demand,
and on failure of such reimbursement, Lessee may, in addition to
any other right or remedy that Lessee may have, deduct the costs
and expenses thereof from rent subsequently becoming due hereunder;
or
(2) Elect to terminate this agreement on giving at least
thirty (30) days notice to Lessor of such intention, thereby
terminating this agreement on the date designated in such notice,
unless Lessor shall have cured such default prior to expiration of
the thirty (30) day period.
ARTICLE 14. ENTRY OF LESSOR
Lessee shall permit Lessor and his agents to enter into
and upon the leased premises at all times for the purposes of
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inspecting or exhibiting the same or for the purpose of maintaining
or making repairs or alterations to the building.
ARTICLE 15. ASSIGNMENT AND SUBLEASE
Lessee shall not assign this lease nor sublet all or any
portion of the leased premises.
ARTICLE 16. MISCELLANEOUS
Notices and Addresses
All notices provided to be given under this agreement
shall be given by certified mail or registered mail, addressed to
the proper party, at the following address:
LESSOR: City of Sanford
Post Office Box 1778
Sanford, Florida 32771
LESSEE: Director of Public Services & Development
Park Avenue and First Street
Sanford, Florida 32771
This agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, execu-
tors, administrators, legal representatives, successors, and
assigns when permitted by this agreement.
Applicable Law
This agreement shall be construed under and in accordance
with the laws of the State of Florida.
Legal Construction
In case any one or more of the provisions contained in
this lease shall for any reason be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unen-
forceability shall not affect any other provision thereof and this
lease shall be construed as if such invalid, illegal, or unenforce-
able provision had never been contained herein.
Sole Agreement of the Parties
This lease constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or written
or oral agreements between the parties respecting the subject
matter within it.
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Amendment
No amendment, modification, or alteration of the terms
hereof shall be binding unless the same be in writing, dated sub-
sequent to the date hereof, and duly executed by the parties
hereto.
Rights and Remedies Cumulative
The rights and remedies provided by this lease are
cumulative and the use of any one right or remedy by either party
shall not preclude or waive its right to use any or all other
remedies. Said rights and remedies are given in addition to any
other rights the parties may have by law, statute, ordinance or
otherwise.
Waiver of Default
No waiver by the parties hereto of any default or breach
of any term, condition, or covenant of this lease shall be deemed
to be a waiver of any other breach of the same or any other term,
condition, or covenant contained herein.
Attorney's Fees
In the event Lessee breaches any of the terms of this
agreement whereby the Lessor employs attorneys to protect or en-
force its rights hereunder and prevails, then the Lessee agrees to
pay the Lessor's reasonable attorney's fees so incurred by the
Lessor.
Excuse
Neither Lessor nor Lessee shall be required to perform
any term, condition, or covenant in this lease so long as such per-
formance is delayed or prevented by any acts of God, strikes, lock-
outs, material or labor restrictions by any governmental authority,
civil riot, floods, and any other cause not reasonably within the
control of the Lessor or Lessee and which by the exercise of due
diligence Lessor or Lessee is unable, wholly or in part, to prevent
or overcome.
-16-
Time of Essence
Time is of the essence of this agreement.
Exculpation of Lessor
If Lessor shall convey title to the demised premises pur-
suant to a sale or exchange of property, the Lessor shall not be
liable to Lessee or any immediate or remote assignee or successor
of Lessee as to any act or omission from and after such conveyance.
ARTICLE 17. RENT ADJUSTMENT
On the first day of the second year of this lease under
any renewal period resulting from the exercise of an option to re-
new, the basic montly rental set forth in this lease shall be in-
creased for the ensuing one (1) year period in the same proportion
that the United States City Average: All Items - Series "A ", for
the last month of the just expired three (3) year period shall have
increased over the said index figure for the first month of the
leased term.
Substitute Indicator
If at any time prior to the first day of the second year
of this lease the said index shall cease to be published, there
shall be substituted therefor the most similar economic indicator
then published, if any. If Lessor and Lessee cannot agree as to
such substitute or if none shall be published, then the monthly
rental applicable to the new one (1) year period of this lease
shall be determined by the status of the said index at the time it
ceased to be published increasingly prorated to the first day of
the second year by its then monthly average increase from the first
month of the lease term.
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IN WITNESS WHEREOF, the undersigned Lessor and Lessee
hereto execute this agreement as of the day and year first above
written.
Signed and acknowledged
in the presence of:
ATTEST:
ART HUR H. BECKWITH, JR.
Clerk to the Board of Coun
Commissioners of Seminole Dated:
County, Florida.
CITY OF SANFORD:
1
Mayor
As authorized for execution
by the Board of County Commis-
sioners in their (_ � . ,
19_�2, regular meeting.
a M.
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
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-[BE S
ARTHUR I JR.
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Clerk of Circuit Court and County Court
--------- ---
SEMINOLE COUNTY P. O. DRAWER C — SANFORD, FLORIDA 32771 TELEPHONE 323-4330
NANCY E. PFEIFAUF
CHIEF DEPUTY CLERK
October 3, 1984
Mr. Pete Knowles
City of Sanford
P.O. Box 1778
Sanford, Florida 32771
Dear Mr. Knowles:
ASHBY G.JONES
ADMINISTRATIVE ASSISTANT
Enclosed is an executed copy of the Amendment to Lease between the City
of Sanford and Seminole County, which was approved by the Board of County
Commissioners on September 25, 1984.
If this office can be of any assistance, please advise.
Very truly yours,
ARTHUR H. BECKWITH, JR.
CLERK TO THE BOARD
+
By: Angela F. Scirica
Deputy Clerk
afs
Enclosure
"COUNTY OF GRACIOUS LIVING"
AMENDMENT TO LEASE
THIS AMENDMENT is to that certain Lease made and entered
into on the 2nd day of November, 1982, between the CITY OF SANFORD,
whose address is Post Office Box 1778, Sanford, Florida 32771,
hereinafter referred to as LESSOR, and SEMINOLE COUNTY, a political
subdivision of the State of Florida, whose address is Seminole
County Services Building, 1101 East First Street, Sanford, Florida
32771, hereinafter referred to as LESSEE.
W I T N E S S E T H:
WHEREAS, the LESSOR and LESSEE entered into the above-
reverenced Lease on November 2, 1982, and subsequently amended, for
administrative office space and;
WHEREAS, the parties desire to amend the Lease so as to
enable both parties to continue to enjoy the mutual benefits it
provides; and
WHEREAS, said Lease expires on September 30, 1984; and
WHEREAS, it is the desire of the parties hereto to extend
for one (1) year from October 1, 1984 through September 30, 1985,
the terms of said Lease; and
WHEREAS, Article 16 of the Lease provides that any amend-
ments shall be valid only when expressed in writing and duly signed
by the parties,
NOW, THEREFORE, in consideration of the mutual under-
standings and agreements contained herein, the parties agree to
amend the above - referenced Lease by amending Articles 1, 4, 15 and
16 herein as follows:
1. Article 1 of the Lease is amended to read:
ARTICLE 1. DEMISE, DESCRIPTION, USE,
TERM AND RENT
Lessor hereby leases to Lessee, and Lessee hereby leases
from Lessor, that certain property, hereinafter called the "leased
premises ", situated in Sanford, Seminole County, Florida, and de-
scribed in that certain Addendum "A" attached hereto and incorp-
orated herein by reference; to be used only as administrative
office space and for no other purposes, for the term of one (1)
-1-
ommencing October 1, 1984 through September 30, 1985; with
iimum annual rental for the first year being THIRTY SIX
THOUSAND ONE HUNDRED SIXTY FOUR AND 24/100 DOLLARS ($36,164.24),
payable as specified in Article 2 and subject to the provisions
otherwise contained herein.
2. Article 4 of the Lease is amended to read:
ARTICLE 4. FURTHER TERMS RELATIVE TO UTILITIES
Lessee shall during the term hereof pay all charges for
electricity, sewage, and water used in or on the leased premises,
and for the removal of rubbish therefrom immediately on becoming
due and shall hold lessor harmless from any liability therefor.
Such payments shall be made immediately on becoming due. This
shall be computed at TWO AND 098/1000 DOLLARS ($2.098) per square
foot or equal monthly payments of TWO THOUSAND FOUR HUNDRED SIXTY -
ONE AND 67/100 DOLLARS ($2,461.67) to the City of Sanford; payable
with the rental; said utility charge being calculated over the
entire 1_4,077.26 square feet of the first floor of Sanford City
Hall.
3. Article 15 of the Lease is amended to read:
ARTICLE 15. ASSIGNMENT AND SUBLEASE
The Lessee shall not assign or sublet the leased
premises, or any part thereof, without first obtaining the written
consent of the Lessor.
4. The Notices and Addresses section of Article 16 of
the Lease is amended to read:
ARTICLE 16. MISCELLANEOUS
Notices and Addresses
All notices provided to be given under this agreement
shall be given by certified mail or registered mail, addressed to
the proper party, at the following address:
LESSOR: City of Sanford
Post Office Box 1778
Sanford, Florida 32771
LESSEE: Director of Public Services & Development
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
-2-
5. Except as herein modified, all terms and conditions
of the Lease aforesaid shall remain in full force and effect for
the term of this Agreement, as originally set forth in said Lease.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument in counterparts for the purpose herein expressed
this ,,Z5'—H day of SEPTE , 1994-
ATTEST: CITY OF SANFORD
�.__..
By:
: �
C t Da
C erk l cting mayor
- te : September 24, 1984
BOARD OF COUNTY COMMISSIONERS
ATTEST: SEMINOLE COUNTY, FLORIDA
ARTHUR H. BECKWITH, JR. Chairman
Clerk to the Board of
County Commissioners of Date: .SEPrEP9BER -2g i9s'"d
Seminole County, Florida.
For use and reliance of
Seminole County only.
Approved as to form and
legal sufficiency.
As authorized for execution by
the Board of County Commis-
sioners in their SEPMMgER a. S' !
19 QA1, regular meeting.
County Attorney
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