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024-Wes Rinker Florida Baseball School 1979L E A S E of May THIS LEASE, made and entered into this / tj r day , A. D., 1979, by and between the CITY OF SANFORD, FLORIDA, a Municipal corporation, hereinafter called "Lessor ", and WES RINKER, doing business as WES RINKER FLORIDA BASEBALL SCHOOL, hereinafter called "Lessee ": W I T N E S S E T H WHEREAS, the Lessor herein is the owner of certain property situated in Sanford, Seminole County, Florida, knovm as the SANFORD MUNICIPAL STADIUM, which is presently leased by Lessee, and WHEREAS, it is the desire of the parties to enter into a new Lease to replace the present existing Lease in accordance with the terms and provisions hereinafter set forth. NOW, THEREFORE, for and in consideration of the sum of $1.00 per year together with other good and valuable considerations as well as the covenants and agreements herein- after contained, Lessor does hereby rent and lease unto Lessee, and Lessee does hereby lease and rent from Lessor that certain property situated in Sanford, Seminole County, Florida, known as the SANFORD MUNICIPAL STADIUM together with the parking areas adjacent to said stadium upon the following terms and conditions: 1. This Lease is for a period of fifteen (15) years with the effective date of commencement of the term of the Lease being the 1st day of June , A. D., 1979. In the event that the capital improvements on the stadium hereinafter specified are not completed within two (2) years of the effective date of this Lease, this Lease shall be terminated and shall be of no further force and effect. In the event of such failure to complete the capital improvements, it shall be the obligation of Lessor to notify Lessee in writing that Lessor regards the Lease as terminated and Lessee shall have thirty (30) days from the date of such notice within which to vacate the premises. 2. Lessee agrees to effect the following capital improvements within the first two (2) years of this Lease. (a) Improvements of the stadium lighting system to include replacement of cross -arms, wiring and light fixtures on the light poles. The light fixtures are to be metal halite units with 68 units replacing the 242 units. (b) All metal parts of the stadium are to be . sandblasted, repaired and painted, and the rusted areas and holes shall be exposed and patched. Lessee shall have the right to make such other improvements as may be elected by Lessee and the parties specifically acknowledge and agree that all capital improvements shall be considered as the property of Lessor at such time as this Lease is terminated. 3. Lessee shall use the leased premises for conducting baseball. training and for baseball games. Lessor shall have the right to use the leased premises for special events as desired by Lessor from time to time, so long as the use of the premises does not interfere with the activities of Lessee. The parties specifically agree that Lessor shall, among other special events, have the right to use the leased premises for the Golden Age Olympics. When the leased premises are used by Lessor for any special events, Lessor shall be responsible for any expenses incurred in connection with such an event including but not limited to the cost of utilities and cleanup at the termination of the special event. 4. Lessee shall pay unto Lessor as rental for the leased premises, the sum of $1.00 per year, and in addition thereto, Lessee shall pay all operating and maintenance expenses (except those expenses incurred in Lessor's special events) including but not limited to electrical power, gas, water, fuel, fertilizer, grass and labor required during the period of occupancy and covenants that the aforesaid facility when deliverec - 2 - back unto Leesor shall be in the same condition as it was when received by Lessee. In addition thereto, Lessee shall perform all necessary maintenance and repair pertaining to the fences, grounds, grandstands, bleachers and light structures and to deliver up the premises at the termination of this Lease in the same condition as received, normal wear and tear excepted. 5. At or during all athletic contests or other utilization of the leased premises by Lessee, Lessee at his own cost and expense shall provide necessary police or other personnel for crowd control, security and traffic. 6. Lessee at all times will indeminify and save Lessor harmless from any and all fault, liability, damage, suits or other costs arising out of or in any way connected with the use or occupancy of the leased premises by Lessee, and in connection therewith, will maintain in force during the lease tern a policy or policies of insurance protecting Lessor in a sum not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for personal injury to any one person and THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for personal injury from any one accident, and TWENTYFIVE THOUSAND DOLLARS ($25,000.00) property damage. Lessee shall furnish unto Lessor a Certificate from his insurance compan3 as evidence that he has complied with the provisions of this paragraph and shall further present proof of payment of the premit on the anniversary date of the policy. 7. In the event Lessee discontinues use of the leased premises for baseball oriented activities, this Lease shall terminate and shall be considered by the parties as null and void and of no further force and effect. In such event, Lessee agrees to release possession of the leased premises to Lessor. 8. Lessee shall refrain from assigning or subletting any portion of the leased premises to any other party without express written consent of Lessor, except that Lessee shall have the right to sublet the leased premises for a special event so long as such event does not exceed twenty -four (24) hours in duration. 9. The terms and provisions of this Lease shall be binding upon the parties hereto and shall not be altered or amende - 3 - unless in writing signed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, this /4' day of May A. D., 1979. Witnesses: As to Lessor CITY OF S FLORIDA fi r' X / By: `'^ _ _( SEAL) MAYOR Attest: By `_ (SEAL) `e Y CL a By:_ (SEAL) WES RI.KER, d/b/a WES RINKER / f7 FLORIDA BASEBALL SCHOOL As to t e ee - 4 -