007-Harcar Aluminum Products CompanyLEASE AGREEMENT
THIS AGREEMENT, entered into this 14th day of
December , A. D. 1970, between the City of Sanford, Florida,
hereinafter called the " Owner", and HARCAR Aluminum Products Com-
pany, a Florida corporation, hereinafter called the "Tenant ";
WITNESSETH•
The Owner does lease unto the Tenant that parcel
of property indentified on the attached Exhibit "A" as Reserved
for Water Works and known as Well ##8.
TO HAVE AND TO HOLD said premises for the term of
five (5) years beginning December 14, 1975, and ending
December 14 , 1980, at end for the agreed total rental of
one and one -half (12�) cents per square foot of property, sub-
ject to Tenant's actual use and the payment by said Tenant of all
annual real property taxes assessed against said property.
1. The premises will be used by the Tenant as an
improved parking area for Tenant's motor vehicles and the vehicles
of Tenant's employees.
2. Tenant shall not assign, transfer, mortgage,
pledge or sublease said premises or any part thereof without the
express written approval and consent of the Owner.
3. Tenant will improve at its sole expense said
property during the term by clearing the premises and improving
same with an asphaltic concrete surface. It is understood that
the Tenant will topographically improve said paccel so as to drain
same without damage to surrounding landowners, and shall accom-
- 1 -
plish all improvements without interference with existing improve-
ments of the Owner as located on said parcel. All of Tenant's
improvements will be conducted under the supervision of the City
Engineer.
4. Owner may inspect said premises at all reasonbbl.e
timed during the term.
5. All surface soil removed from said premises in
the clearing process shall be located as directed by the Owner's
Engineer.
6. The Tenant shall be restricted in its use
of said premises so as to protect the Owner's pump house from
damage. It is agreed that the Tenant will enclose an area
50' x 50' with a 48" chain link fence so as to protect said
pump house from damage and trespass. Said enclosure will be
fitted with acceptable gate and the Owner shall possess the only
keys for access into said pump house enclosure. All work and
materials required hereunder shall be at the expense of the
Tenant and in accordance with instructions from the Owner's
Engineer.
7. It is understood that there is in existence
a water main and power transmission line owned by the Owner running
from the pump house described herein South and along the Westerly
boundary of Tenant's property; that the Tenant intends to expand
its present operation Westerly, thusly necessitating the relocation
of said water main and power transmission line; that the parties
agree that said main and power transmission line shall be relocated
so as to be located outside improvements of the Tenant in the expan-
sion area and said lines are to be located so as to meet the specifi-
cations of the Owner's Engineer. All relocation and construction
- 2 -
work shall be done by the Owner at the expense of the Tenant.
8. Tenant agrees to keep, save, and hold Owner free
from all liability and claim for damages by reason of any injury
to any person or persons, or property of any kind whatever and to
whomsoever belonging, from any cause or causes whatsoever, while
upon, or in any way connected with the said demised premises or
the said pavement attached thereto, during the term of this lease
or any extension hereof or any occupancy hereunder, Tenant hereby
agreeing to indemnify and save harmless Owner from all liability,
loss, costs, and obligations on account of or arising out of any
such injuries or losses, however occurring.
Tenant further agrees to take out and keep in
force during the life hereof, at Tenant's expense, public liability
and other insurance in companies acceptable to Owner, to protect
against any liability to the public, whether to persons or pro-
perty, incident to the use of or resulting from any accident
occurring in or about said premises in the amount of One Hundred
Thousand and No /100 ($100,000.00) Dollars to indemnify against
the claim of one person, and Three Hundred Thousand and No /100
($300,000,00) Dollars against the claims of two or more persons,
and in the amount of Fifty Thousand and No /100 ($50,000.00)
Dollars to indemnify against claims of damage to property. The
said policies shall insure the contingent liability of Owner and
are to be placed with Owner, and Tenant is to obtain a written
obligation on the part of the insurance carriers to notify Owner
in writing prior to any cancellation thereof, and Tenant agrees,
if Tenant does not keep such insurance in full force and effect,
-3-
that Owner may take out the necessary insurance and pay the pre-
mium, and the repayment thereof shall be deemed to be part of the
rental and payable as such on the next day upon which rent becomes
due.
9. The Tenant shall have the option to renew this
lease for two (2) additional consecutive terms of five (5)
years each from the expiration of the initial term hereof, at
an annual rental to be established as follows:
(a) By the selection of one registered real
estate broker appraiser by Owner and the Tenant respectively.
(b) By the selection of a third registered real
estate broker appraiser by the two appraisers chosen by the
parties.
(c) That said team of three appraisers shall
determine the annual rental to be paid during each additional
term of five years; that the cost of the preparation of said
appraisals shall be at the expense of the Tenant, and the decision
of a majority of the appraisers shall be binding on the Owner and
Tenant.
It is understood at the expiration of the initial
twenty (20) year term herein described that the parties may
negotiate an additional term of twenty (20) years on such terms
and rental and upon such conditions as shall be acceptable to
the respective parties hereto.
10. No waiver of any condition or covenant of this
lease by the Owner shall be deemed to imply or constitute a
further waiver by Owner of any other condition or covenant of
this lease.
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day before me, an
officer duly authorized in the State and County aforesaid to
take acknowledgments, personally appeared LEE P. MOORE and
H. N. TAMM JR. well known to me to be the Mayor and City
Clerk respectively of the City of Sanford, Florida, named as
Owner in the foregoing Lease Agreement, and that they severally
acknowledged executing the same in the presence of two sub-
scribing witnesses freely and voluntarily under authority duly
vested in them, and that the seal affixed thereto is the true
corporate seal of the City of Sanford, Florida.
WITNESS my hand and official seal in the County and
State last aforesaid this -. day of Oar, A. D. 1978.
My Commission Expires:
Q�.t ry
Pi St -te cf r13 at
Bci c.ed by Arwr aa nro !r Casualty (,or F any
Notary Public, State of Florida
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day before me, an
officer duly authorized in the State and County aforesaid to
take acknowledgments, personally appeared Carl R. Schilke
and Shirley P. Schilke well known to me to be President
and Secretary- Treasurer respectively, of Harcar Aluminum
Products Company, a Florida corporation, named as Tenant in
the foregoing Lease Agreement, and that they severally acknow-
ledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly crested
in them by said corporation, and that the seal affixed thereto
is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and
State last aforesaid this day of fir, A. D. 1978.
� d UL.1r�•1 � e-,i
�' - L, a- L Y;wj�"
Notary Public, State f Florida
My Commission Expires:
KTARY PUELIC, STATE OF FLORIDA AT LAnle
NiY C=1,15SION EXPIRES OCT. 21, 1980
BONDED THROUGH MUROSKI- HUCKLEBERRY, INC.
- 6 -
11. This lease and the provisions thereof shall be
binding upon and inure to the benefits of the successors and
legal representatives of the parties hereto.
12. All rental and taxes required by the Owner of
the Tenant shall be paid within thirty (30) days from billing
by the Owner.
13. All notices to the Owner shall be presented
at the City Hall, City of Sanford, Florida, in care of the Office
of the City Manager; that all notices to the Tenant shall be
mailed to Post Office Drawer S, Sanford, Florida.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals the day and year first above written.
Signed, sealed and
delivered in the
presence of:
As to Owner
i
As to Tenant
CITY OF S O FLORIDA
By: �'l�u�
Mayor
Attest:
f
e k
wner
HARCAR ALUMINUM PRODUCTS �COMPANY
Attest:
TENANT
- 5 -
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EXHIBIT A
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FRO' -
Commission Vlanager Man
December 15, 1970
WARREN E. KNOWLES
CITY MANAGrR
Mr. Kenneth W. McIntosh
Attorney at Law
Stenstrom, Davis and McIntosh
Post Office Box 1330
Sanford, Florida 32771
RE: Harcar
Dear Ken:
Enclosed are two (2) executed copies
of the Lease Agreement concerning the parking lot
for Harcar. I am keeping the original and one
copy for the City.
The City Commission authorized the execution
on December 14th.
Very truly yours,
CITY OF
W. E. Knowles
City Manager
WEK /mjh
Enclosure
ZIP CODE 32771
T
LEASE AGREEMENT
THIS AGREEMENT, entered into this day of
A. D. 1970, between the City of Sanford, Florida,
hereinafter called the "Owner ", and HARCAR Aluminum Products Com-
pany, a Florida corporation, hereinafter called the "Tenant ";
WITNESSETH:
The Owner does lease unto the Tenant that parcel of
property identified on the attached Exhibit "A" as Reserved for
Water Works and known as Well #8.
TO HAVE AND TO HOLD said premises for the term of
f ive (5) years beginning 14- 1970, and ending
i CL-1 L-7< JQ- 1975, at and for the agreed total rental
of one and one -half (12�,) cents per square foot of property, sub-
ject to Tenant's actual use and the payment by said Tenant of all
annual real property taxes assessed against said property.
1. The premises will be used by the Tenant as an
improved parking area for Tenant's motor vehicles and the vehicles
of Tenant's employees.
2. Tenant shall not assign, transfer, mortgage, pled
or sublease said premises or any part thereof without the express
written approval and consent of the Owner.
3. Tenant will improve at its sole expense said pro-
perty during the term by clearing the premises and improving same
with an asphaltic concrete surface. It is understood that the
Tenant will topographically improve said parcel so as to drain
same without damage to surrounding landowners, and shall accom-
- 1 -
plish all improvements without interference with existing improve
ments of the Owner as located on said parcel. All of Tenant's
improvements will be conducted under the supervision of the City
Engineer.
4. Owner may inspect said premises at all reasonable
times during the term.
5. All surface soil removed from said premises in
the clearing process shall be located as directed by the Owner's
Engineer.
6. The Tenant shall be restricted in its use of said
premises so as to protect the Owner's pump house from damage. It
is agreed that the Tenant will enclose an area 50'x 50' with a 48"
chain link fence so as to protect said pump house from damage
and trespass. Said enclosure will be fitted with acceptable gate
and the Owner shall possess the only keys for access into said
pump house enclosure. All work and materials required hereunder
shall be at the expense of the Tenant and in accordance with
instructions from the Owner's Engineer.
7. It is understood that there is in existence a
water main and power transmission line owned by the Owner running
from the pump house described herein South and along the Westerly
boundary of Tenant's property; that the Tenant intends to expand i0
present operation Westerly, thusly necessitating the relocation
of said water main and power transmission line; that the parties
agree that said main and power transmission line shall be relocate
so as to be located outside improvements of the Tenant in the expaq-
sion area and said lines are to be located so as to meet the specifi
cations of the Owner's Engineer. All relocation and construction
- 2 -
work shall be done by the Owner at the expense of the Tenant.
8. Tenant agrees to keep, save, and hold Owner free
from all liability and claim for damages by reason of any injury j
i
to any person or persons, or property of any kind whatever and to
I
whomsoever belonging, from any cause or causes whatsoever, while
upon, or in any way connected with the said demised premises or
the said pavement attached thereto, during the term of this lease
or any extension hereof or any occupancy hereunder, Tenant hereby
agreeing to indemnify and save harmless Owner from all liability,
loss, costs, and obligations on account of or arising out of any
such injuries or losses, however occurring.
Tenant further agrees to take out and keep in
force during the life hereof, at Tenant's expense, public liabilit),
and other insurance in companies acceptable to Owner, to protect
against any liability to the public, whether to persons or pro-
perty, incident to the use of or resulting from any accident
occurring in or about said premises in the amount of One Hundred
Thousand and No /100 ($100,000.00) Dollars to indemnify against
the claim of one person, and Three Hundred Thousand and No /100
($300,000.00) Dollars against the claims of two or more persons,
and in the amount of Fifty Thousand and No /100 ($50,000.00)
Dollars to indemnify against claims of damage to property. The
said policies shall insure the contingent liability of Owner and
are to be placed with Owner, and Tenant is to obtain a written
obligation on the part of the insurance carriers to notify Owner
in writing prior to any cancellation thereof, and Tenant agrees,
if Tenant does not keep such insurance in full force and effect,
- 3 -
that Owner may take out the necessary insurance and pay the pre-
mium, and the repayment thereof shall be deemed to be part of the
rental and payable as such on the next day upon which rent becomes
due.
9. The Tenant shall have the option to renew this
lease for three (3) additional consecutive terms of five (5)
years each from the expiration of the initial term hereof, at
an annual rental to be established as follows:
(a) By the selection of one registered real
estate broker appraiser by Owner and the Tenant respectively.
(b) By the selection of a third registered real
estate broker appraiser by the two appraisers chosen by the
parties.
(c) That said team of three appraisers shall
determine the annual rental to be paid during each additional
term of five years; that the cost of the preparation of said
appraisals shall be at the expense of the Tenant, and the decision
of a majority of the appraisers shall be binding on the Owner and
Tenant.
It is understood at the expiration of the initial
twenty (20) year term herein described that the parties may
negotiate an additional term of twenty (20) years on such terms
and rental and upon such conditions as shall be acceptable to
the respective parties hereto.
10. No waiver of any condition or covenant of this
lease by the Owner shall be deemed to imply or constitute a
further waiver by Owner of any other condition or covenant of
this lease.
- 4 -
11. This lease and the provisions thereof shall be
binding upon and inure to the benefit of the successors and
legal representatives of the parties hereto.
12. All rental and taxes required by the Owner of
the Tenant shall be paid within thirty (30) days from billing
by the Owner.
a
0 13. All notices to the Owner shall be presented
J
LL
A at the City Hall, City of Sanford, Florida, in care of the Office
of the City Manager; that all notices to the Tenant shall be
mailed to Post Office Drawer S, Sanford, Florida.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals the day and year first above written.
Signed, sealed and CITY OF F s FLORIDA
delivered in the
presence of: By:
�� Mayor
Attest:
As to Owner
CW Cler
OWNER
HARCARR ALUMINUM PRODUCTS COMPANY
By:
Attest:
TENANT
- 5 -
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day before me, an
officer duly authorized in the State and County aforesaid to
take acknowledgments, personally appeared LEE P. MOORE and
HOWARD L. WHELCHEL well known to me to be the Mayor and City
Clerk respectively of the City of Sanford, Florida, named as
Owner in the foregoing Lease Agreement, and that they severally
acknowledged executing the same in the presence of two sub-
scribing witnesses freely and voluntarily under authority duly
vested in them, and that the seal affixed thereto is the true
corporate seal of the City of Sanford, Florida.
WITNESS my hand and official §Lgal Jn the County and
State last aforesaid this 1 day of A. D. 1970.
My Commission Expires.
Notary Public, State of Florida
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day before me, an
officer duly authorized in the State and County aforesaid to
take acknowledgments, personally appeared Carl R. Schilke
and Shirley P. Schilke , well known to me to be President
and ecre ary- reasurer respectively, of Harcar Aluminum
Products Company, a Florida corporation, named as Tenant in
the foregoing Lease Agreement, and that they severally acknow-
ledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested
in them by said corporation, and that the seal affixed thereto
is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and
State last aforesaid this 25th day of November, A. D. 1970.
Notary Public, State of Florida
My Commission Expires:
N_? r P41,1k Stag of Florida at Largd
My s .z.: =.s.ur Fnirr >s My 74, 1171
Bcn +d 3y A,w mn Fern & Casualty I gN
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EXHIBIT A
So -
WEK: 12/19
Harcar has now executed the lease agreement ..
This original should go to Henry /for the safe,
and a copy retained in our file ....
Mary
k
-1
THIS ACRmtUM, entered into this day of
i, - , A. D. 198 C), between the City of Sanford, Florida,
hereinafter called the "Owner ", and HARCAR Aluminum Products Com-
pany, a Florida corporation, hereinafter called the "Tenant ";
WTTNF�SSFTff
The Owner does lease unto the Tenant that parcel of
property identified on the attached Exhibit "A" as Reserved for
Water Works and known as Well #8.
TO HAVE AND TO HOLD said premises for the term of five
(5) years beginning December 14, 1980, and ending December 14, 1985,
at end for the agreed total rental of three (30) cents per square
foot of property, subject to Tenant's actual use and the payment
by said Tenant of all annual real property taxes assessed against
said property.
1. The premises will be used by the Tenant as an
improved parking area for Tenant's motor vehicles and the vehicles
of Tenant's employees.
2. Tenant shall not assign, transfer, mortgage,
pledge or sublease said premises or any part thereof without the
express written approval and consent of the Owner.
3. Tenant will improve at its sole expense said
property during the term by clearing the premises and improving
same with an asphaltic concrete surface. It is understood that
the Tenant will topographically improve said parcel so as to drain
same without damage to surrounding landowners, and shall accom-
0
Be
z
4 <
plish all improvements without interference with existing improve-
ments of the Owner as located on said parcel. All of Tenant's
improvements will be conducted under the supervision of the City
Engineer.
4. Owner may inspect said premises at all reasonable'
times during the term.
5. All surface soil removed from said premises in
the clearing process shall be located as directed by the Owner's
Engineer.
6. The Tenant shall be restricted in its use
of said premises so as to protect the Owner's pump house from
damage. It is agreed that the Tenant will enclose an area
50' x 50' with a 48" chain link fence so as to protect said
pump house from damage and trespass. Said enclosure will be
fitted with acceptable gate and the Owner shall possess the only
keys for access into said pump house enclosure. All work and
materials required hereunder shall be at the expense of the
Tenant and in accordance with instructions from the Owner's
Engineer.
7. It is understood that th =re is in existence
a water main and power transmission line owned by the Owner running
from the pump house described herein South and along the Westerly
boundary of Tenant's property; that the Tenant intends to expand
its present operation Westerly, thusly necessitating the relocation
of said water main and power transmission line; that the parties
agree that said main and power transmission line shall be relocated
so as to be located outside improvements of the Tenant in the expan-
sion area and said lines are to be located so as to meet the specifi-
cations of the Owner's Engineer. All relocation and construction
- 2 -
work shall be done by the Owner at the expense of the Tenant.
8. Tenant agrees to keep, save, and hold Owner free
from all liability and claim for damages by reason of any injury
to any person or persons, or property of any kind whatever and to
whomsoever, belonging, from any cause or causes whatsoever, while
upon, or in any way connected with the said demised prenises or
the said pavement attached thereto, during the term of this lease
or any extension hereof or any occua ancy hereunder, Tenant hereby
agreeing to indemnify and save harmless Owner from all liability,
loss, costs, and obligations on account of or arising out of any
such injuries or losses, however occurring.
Tenant further agrees to take out and keep in
force during the life hereof, at Tenant's expense, public liability
and other insurance in companies acceptable to Owner, to protect
against any liability to the public, whether to persons or pro-
perty, incident to the use of or resulting from any accident
occurring in or about said premises in the amount of One Hundred
Thousand and No /100 ($100,000.00) Dollars to indemnify against
the claim of one person, and Three Hundred Thousand and No /100
($300,000,00) Dollars against the claims of two or more persons,
and in the amount of Fifty Thousand and No /100 ($50,000.00)
Dollars to indemnify against claims of damage to property. The
said policies shall insure the contingent liability of Owner and
are to be placed with Owner, and Tenant is to obtain a written
.obligation on the part of the insurance carriers to notify Owner
a
in writing prior to any cancellation thereof, and Tenant agrees,
if Tenant does not keep such insurance in full force and effect,
-3-
that Owner may take out the necessary insurance and pay the pre-
mium, and the repayment thereof shall be deemed to be part of the
rental and payable as such on the next day upon which rent becomes
due.
9. The Tenant shall have the option to renew this
lease for two (2) additional consecutive terms of five (5)
years each from the expiration of the initial term hereof, at
an annual rental to be established as follows:
(a) By the selection of one registered real
estate broker appraiser by Owner and the Tenant respectively.
(b) By the selection of a third registered real
estate broker appraiser by the two appraisers chosen by the
parties.
(c) That said teas of three appraisers shall
determine the annual rental to be paid during each additional
term of five years; that the cost of the preparation of said
appraisals shall be at the expense of the Tenant, and the decision
i
of a majority of the appraisers shall be binding on the Owner and
i
Tenant.
It is understood at the expiration of the initial
twenty (20) year term herein described that the parties may
negotiate an additional term of twenty (20) years on such terms
and rental and upon such conditions as shall be acceptable to
the respective parties hereto.
10. No waiver of any condition or covenant of this
lease by the Owner shall be deemed to imply or constitute a
further waiver by Owner of any other condition or covenant of
this lease.
- 4
is
11. This lease and the provisions thereof shall be
binding upon and inure to the benefits of the successors and legal
representatives of the parties hereto.
12. All rental and taxes required by the Owner of
the Tenant shall be paid within thirty (30) days from billing by
the Owner.
13, All notices to the Owner shall be presented at
the City Hall, City of Sanford, Florida, in care of the Office of
the City Manager; that all notices to the Tenant shall be mailed
to Post Office Drawer S, Sanford, Florida.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals the day and year first above written.
Signed, sealed and
delivered in the
presence of:
kv
As to Owner
CITY OF 7 FLMII)A
B
Mayor
Attest:
_ Clerk
Owner --
i
..o mW
P l - to Tenant
HARCAR ALUMINUM PRODUCTS OCZJPANY
By: c c�
Attest:
A
-5-
t
ti
STATE OF rimim
COUN'T'Y OF SEMINOLE
I FAY CERTIFY that on this day before me, an officer
duly authorized in the State and County aforesaid to take acknowledgments,
personally appeared LEE P. K)ORE and H. N. TAW4 JR. well known to me
to be the Mayor and City Clerk respectively of the City of Sanford,
Florida, named as Owner in the foregoing Lease Agreement, and that
they severally acknowledged executing the same in the presence of
two subscribing witnesses freely and voluntarily under authority
duly vested in them, and that the seal affixed thereto is the true
corporate seal of the City of Sanford, Florida.
WITNESS my hand and official seal in the County and State
last aforesaid this day of ;'iL A. D. 198
My Commission Expires:
Notary Public, State of Florida
t i
STATE OF FLORIDA
COUNTY OF S124INDLE
I HEREBY CERTIFY that on this day before me, an officer
duly authorized in the State and County aforesaid to take acknowledgments,
personally appeared and
well known to me to be President and Secretary - Treasurer, respectively,
of Harcar Aluminum Products Company, a Florida corporation, named as
Tenant in the foregoing Lease Agreement, and that they severally
acknowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in
them by said corporation, and that the seal affixed thereto is
the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State
last aforesaid this day of , A. D. 198
Notary Public, State of Florida
My Commission Expires:
s 6�•3o'E t /0.� uro ..� •
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Arn Prican
EXHIBIT A .
1"wot of L &", WIU Arowt►oea•
now
HARCAR ALUMINUM PRODUCTS COMPANY
in consideration of
assignor,
TEN and no/100—($10. ------------------ --------------- - - - - -- Dollars,
paid by
EDWARD MEIXSELL ,
hereby assigns unto the assignee,
assignee
a certain lease made by THE CITY OF SANFORD, FLORIDA, a copy of which is
attached hereto as Exhibit "1" and made a part hereof
bearing date the 5th day of March , A.D. 19 86, recorded in Official Records
Book N/A , page N /A, in the office of the Clerk of the Circuit Court of N/A County
State of Florida, and covering the following Described Property:
IN SEMINOLE COUNTY FLORIDA
SEE ATTACHED EXHIBIT "A" ATTACHED TO EXHIBIT "1"
together with the premises therein described and the buildings thereon, with the appurtenances,
To babe wO to bolb the same unto the assignee,
EDWARD MEIXSELL, his
from the 29th day of April
R*Wmco FORM so
successors and assigns
nineteen hundred and eighty —seven
for all the rest of the years mentioned in the said
lease, subject to the rents, covenants, conditions and provisions therein also mentioned.
AND the assignor hereby covenants that the said assigned premises are free from incumbranoes.
The assignee hereby assumes the performance of all of the terms, covenants and conditions of
the lease herein assigned by the assignor to the assignee and agrees to pay the rent reserved by the said
lease on the next rent day and monthly thereafter until the termination of the said lease and will well and
truly perform all the terms, covenants and conditions of the said lease herein assigned; all with full force
and effect as if the assignee had signed the lease originally as tenant named therein.
The assignee hereby agrees that said assignee will well and truly indemnify and save harmless the
assignor from all manners of suit, actions, damages, charges and expense, including attorney and counsel
fees that the assignor may sustain by reason of the assignee's failure to pay the rent reserved in the said
lease or by reason of the assignee's breach of any of the terms, covenants and conditions of the lease
herein assigned.
The assignee hereby agrees that the obligations herein assumed by the assignee shall inure jointly
and severally to the landlord named in the lease herein assigned and to the assignor herein.
IN WITNESS WHEREOF this assignment has been duly executed by the Assignor. and the Acct €ne=e.
DATED:
IN
. 1 . ../
...... ...........�...... ..... .. ...... .............
... ...............................
HARCA ALUMINUM PRODUCTS COMPANY
(ASSIGNOR) far S ii17Ce;" 'PreSi" nt'
. (ASSIG .... ................................ ..............................� (SEAL)
(ASSIGNEE) Edward Meixse�
.. ........................... ...........................(SEA L)
ASSIGNEE)
STATE OF FLORIDA
COUNTY OF ORANGE
I HEREBY CERTIFY, that on this day. before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally
appeared EdwbLrd..Meixs
to me known to be the person described in and who executed the foregoing instrument and he acknowledged a the that he executed the same.
WITNESS my hand and official seal in the county and state last aforesaid this .29th day o A. D. 19 87 .
...
Notary Public
STATE OF FLORIDA My commission expires NOTARY .PUBLIC.. STATE OF FLORIDA
COUNTY OF ORANGE_
......
MY COMMISSION EXP. DEC 19,1988 . ......
BONDED THRU GENERAL INS. UND.
I HEREBY CERTIFY that before me personally appeared Carl R. .Sehilk.e
..........
of Harcar Aluminum Products Company
as President yy�d{
a corporation under the laws of the State of Florida to me known to be the persons�cribed in and who executed
the foregoing instrument and severally acknowledged tl.e execution thereof to be their free act and deed as such officers. fo the uses d purposes therein mentioned;
and that they affixed thereto the official Beal of said corporation, and the said instrument is the act and deed of said cor tion.
WITNESS my hand and official seal in the county and state last aforesaid this _2 9th __day of APr A. D. 19 87.
Notary Public
My commission expires OOTARY PUBLIC STATE.OF,..FLORIDA
MY COMMISSION EXP. DEC 19,I988
BONDED THRU GENERAL INS. UND.
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EXHIBIT "1"
LEASE AGREEMENT
THIS AGREEMENT, entered into this JL day of
rn Cc: A. D. 1986, between the CITY OF SANFORD,
FLORIDA, hereinafter called the "Owner ", and HARCAR ALUMINUM
RODUCTS COMPANY, a Florida Corporation, hereinafter called the
"Tenant ";
W I T N E S S E T H:
The Owner does lease unto the Tenant that parcel of
property identified on the attached Exhibit "A" as Reserved for
ater Works and known as Well #8.
TO HAVE AND TO HOLD said premises for the additional
term of five (5) years beginning December 14, 1985, and ending
December 14, 1990, at end for the agreed total rental of Eleven
Hundred Seventy Five ($1175.00) Dollars, subject to Tenant's
actual use and the payment by said Tenant of all annual real
property taxes assessed against said property. (This lease is an
extension of and modification of the original lease entered into
on December 8, 1980.)
1. The premises will be used by the Tenant as an
improved parking area for Tenant's motor vehicles and the
vehicles of Tenant's employees.
2. Tenant shall not assign, transfer, mortgage, pledge
or sublease said premises or any part thereof without the express
written approval and consent of the Owner.
3. Tenant will improve at its sole expense said
property during the term by clearing the premises and improving
same with an asphaltic concrete surface. It is understood that
the Tenant will topographically improve said parcel so as to
drain same without damage to surrounding landowners, and shall
accomplish all improvements without interference with existing
improvements of the Owner as located on said parcel. All of
Tenant's improvements will be conducted under the supervision of
the City Engineer.
r
,
EXHIBIT "1"
LEASE AGREEMENT
THIS AGREEMENT, entered into this JL day of
rn Cc: A. D. 1986, between the CITY OF SANFORD,
FLORIDA, hereinafter called the "Owner ", and HARCAR ALUMINUM
RODUCTS COMPANY, a Florida Corporation, hereinafter called the
"Tenant ";
W I T N E S S E T H:
The Owner does lease unto the Tenant that parcel of
property identified on the attached Exhibit "A" as Reserved for
ater Works and known as Well #8.
TO HAVE AND TO HOLD said premises for the additional
term of five (5) years beginning December 14, 1985, and ending
December 14, 1990, at end for the agreed total rental of Eleven
Hundred Seventy Five ($1175.00) Dollars, subject to Tenant's
actual use and the payment by said Tenant of all annual real
property taxes assessed against said property. (This lease is an
extension of and modification of the original lease entered into
on December 8, 1980.)
1. The premises will be used by the Tenant as an
improved parking area for Tenant's motor vehicles and the
vehicles of Tenant's employees.
2. Tenant shall not assign, transfer, mortgage, pledge
or sublease said premises or any part thereof without the express
written approval and consent of the Owner.
3. Tenant will improve at its sole expense said
property during the term by clearing the premises and improving
same with an asphaltic concrete surface. It is understood that
the Tenant will topographically improve said parcel so as to
drain same without damage to surrounding landowners, and shall
accomplish all improvements without interference with existing
improvements of the Owner as located on said parcel. All of
Tenant's improvements will be conducted under the supervision of
the City Engineer.
4. Owner may inspect said premises at all reasonable
.imes during the term. Access to the pump house must be
aintained at all times.
5. All surface soil removed from said premises in the
leaning process shall be located as directed by the Owner's
ngineer.
6. The Tenant shall be restricted in its use of said
premises so as to protect the Owner's pump house from damage. It
is agreed that the Tenant will enclose an area 50' x 50' with a
72" chain link fence so as to protect said pump house from damage
and trespass. Said enclosure will be fitted with acceptable gate
and the Owner shall possess the only keys for access into said
Pump house enclosure. All work and materials required hereunder
shall be at the expense of the Tenant and in accordance with
instructions from Owner's Engineer. Erection of the fence may be
deferred until such time as the City determines the subject
parcel is in fact utilized for vehicle parking.
7. Tenant agrees to keep, save, and hold Owner free
from all liability and claim for damages by reason of any injury
to any person or persons, or property of any kind whatever and to
whomsoever belonging, from any cause or .causes whatsoever, while
upon, or in any way connected with the said demised premises or
the said pavement attached thereto, during the term of this lease
or any extension hereof or any occupancy hereunder, Tenant hereby
agreeing to indemnify and save harmless Owner from all liability,
loss, costs, and obligations on account of or arising out of any
such injuries or losses, however occurring.
Tenant further agrees t.o take out and keep in force
during the 'life hereof, at Tenant's expense, public liability and
other insurance in companies acceptable to Owner, to protect
against any liability to the public, whether to persons or
property, 'incident to the use of or resulting from any accident
- -2 --
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ccurririg in or about said premises in the amount of One Hundred
housand and No /100 ($100,000.00) Dollars to indemnify against
he claim of one person, and Three Hundred Thousand and No /100
$300,000.00) Dollars to indemnify against claims of two or more
ersons, and in the amount of Fifty Thousand and No /100
($50,000.00) Dollars to indemnify against claims of damage to
roperty. The said policies shall insure the contingent
liability of Owner and are to be placed with Owner, and Tenant is
o' obtain a written obligation on the part of the insurance
arriers to notify Owner in writing prior to any cancellation
hereof, and Tenant agrees, if Tenant does not keep such
nsurance in full force and effect, that Owner may take out the
ecessary insurance and pay the premium, and the repayment
thereof shall be deemed to be part of the rental and payable as
such on the next day upon which rent becomes due.
8. The Tenant shall have the option to renew this
lease for one (1) additional consecutive term of five (5) years
from the expiration of the term hereof, at an annual rental to be
established as follows:
(a) By the selection of one registered real estate
broker appraiser by Owner and the Tenant respectively.
(b) By the selection of a third registered real estate
broker appraiser by the two appraisers chosen by the parties.
(c) That said team of three appraisers shall determine
I annual rental to be paid during each additional term of five
years;, that the cost of the preparation of said appraisals shall
be at the expense of the Tenant, and the decision of a majority
of the appraisers shall be binding on the Owner and Tenant.
It is understood at the expiration of the initial -
twenty (20) year term herein described that the }parties may
negotiate an additional term of twenty (20) years on such terms
and rental and upon such conditions as shall be acceptable to the
respective parties hereto.
i
- -3 --
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9. No waiver of any condition or covenant of t
ease
by the Owner shall be deemed
to imply or
urther constitute a
waiver by Owner of any other condition or covenan
his lease. t of
f
10. This lease and
the provisions thereof
shall be
Binding upon and inure to the benefit of the successors and le
epresentatives of the parties hereto. legal
11. All rental and taxes required b the Owner of the
en shall be paid within thirty (30 days from billing n g by the
wner.
12. All notices to the Owner shall be
presented at the
:it Hall, City of Sanford, Florida, in care of the Office
:ity Manager; • all notices to the Tenant shall of the
be mailed to Post
Iffice .Drawer S, Sanford, Florida 32771.
IN WITNESS WHEREOF, the parties hereto have hereunto
et their hands and seals the day and year first above written
igned, sealed and
elivered in the
rP fence of:
As to Owner
A.-A to Ted
CITY OF SANFORP, F ORIDA
i
B
Mayor
Attest:
ity C k
OWNER
HARCAR ALUMINUM PRODUCTS
COMPANY
By:
Attest:
TENANT off/
- -4 --
TATE OF FLORIDA
OUNTY OF SEMINOLE
I HEREBY CERTIFY that on
m this da y authorized in the State y before me
cknowled ments and Count an officer
g , personally appeared BETTY aforesaid to take
E D,
AMM, JR., well known to me to be the E D. SMITH and HENRY N.
espectively of the City of Sanford, Florida
City Clerk
he foregoing Lease Agreement , named as Owner in
cknowledged executing the and that they severally
ubs ) and cribir�b witnesses freel same in the presence of
ested voluntaril two
ir, them, and that the seal affixedutrthe true
orporate seal of the City of Sanford, thereto is Florida.
WITNESS my hand and
Late last aforesaid this /U� offjcial seal in the Count
day of fT�C2�c�� A D Y and
_ - — D. 1986.
I
4 ary Public
e of Florida
a t L ah Lity public, Stitt of Ffor'
My Commission E x p i r ef* Co,xniuion Expires FtL 17,
TATE OF FLORIDA ro,
OUNTY OF SEMINOLE
I HEREBY CERTIFY that on this da
L authorized in the State and Y before me, an officer
cknowledgments, per
on County afo esaid to
Y appeared �B take
resident� Cr ' /1 s�f► Sr�1J1,c�e
secretary— Treasurer well known to me to be
luminum Products Com an respectively, of Harcar
n the fore going p y' a Florida corporation Tenant
g g Lease Agreement
r the , named as Tenant
cknowledged executing and that they severally
ubscribing witnesses feelandsame
voluntarilhe presence
vested in y o two
them by said corporation y under authority duly
hereto is the true corporate seal of saiddcorporation. affixed that the seal
W ITNESS my hand and official seal in the �:ount �
Late last aforesaid this �Lic lday of /}�
1986. r �Y E ,d
D .,
v
Notary Public
State of Florida at Large
My Commission Expires:
N Pubik„ Stall of Mrida it Large
k �ommesston Expires /un1 28, lWi
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EXHIBIT k • •.
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LEASE AGREEMENT
THIS AGREEMENT, entered int
r�l ��' /- A. D. 1986, between
FLORIDA, hereinafter called the "Owner ",
PRODUCTS COMPANY, a Florida Corporation,
"Tenant ";
W I T N E S S E T H:
o this -: !�iTW day of
the CITY OF SANFORD,
and HARCAR ALUMINUM
hereinafter called the
The Owner does lease unto the Tenant that parcel of
property identified on the attached Exhibit "A" as Reserved for
Water Works and known as Well #8.
TO HAVE AND TO HOLD said premises for the additional
term of five (5) years beginning December 14, 1985, and ending
December 14, 1990, at end for the agreed total rental of Eleven
Hundred Seventy Five ($1175.00) Dollars, subject to Tenant's
actual use and the payment by said Tenant of all annual real
property taxes assessed against said property. (This lease is an
extension of and modification of the original lease entered into
on December 8, 1980.)
1. The premises will be used by the Tenant as an
improved parking area for Tenant's motor vehicles and the
vehicles of Tenant's employees.
2. Tenant shall not assign, transfer, mortgage, pledge
or sublease said premises or any part thereof without the express
written approval and consent of the Owner.
3. Tenant will improve at its sole expense said
property during the term by clearing the premises and improving
same with an asphaltic concrete surface. It is understood that
the Tenant will topographically improve said parcel so as to
drain same without damage to surrounding landowners, and shall
accomplish all improvements without interference with existing
improvements of the Owner as located on said parcel. All of
Tenant's improvements will be conducted under the supervision of
the City Engineer.
i
4. Owner may inspect said premises at all reasonable
rimes during the term. Access to the pump house must be
maintained at all times.
5. All surface soil removed from said premises in the
:learing process shall be located as directed by the Owner's
?ngineer.
6. The Tenant shall be restricted in its use of said
premises so as to protect the Owner's pump house from damage. It
Ls agreed that the Tenant will enclose an area 50' x 50' with a
72" chain link fence so as to protect said pump house from damage
and trespass. Said enclosure will be fitted with acceptable gate
and the Owner shall possess the only keys for access into said
pump house enclosure. All work and materials required hereunder
shall be at the expense of the Tenant and in accordance with
instructions from Owner's Engineer. Erection of the fence may be
deferred until such time as the City determines the subject
parcel is in fact utilized for vehicle parking.
7. Tenant agrees to keep, save, and hold Owner free
from all liability and claim for damages by reason of any injury
to any person or persons, or property of any kind whatever and to
whomsoever belonging, from any cause or causes whatsoever, while
upon, or in any way connected with the said demised premises or
the said pavement attached thereto, during the term of this lease
or any extension hereof or any occupancy hereunder, Tenant hereby
agreeing to indemnify and save harmless Owner from all liability,
loss, costs, and obligations on account of or arising out of any
such injuries or losses, however occurring.
Tenant further agrees to take out and keep in force
during the life hereof, at Tenant's expense, public liability and
other insurance in companies acceptable to Owner, to protect
against any liability to the public, whether to persons or
property, incident to the use of or resulting from any accident
- -2 --
ccurring in or about said premises in the amount of One Hundred
housand and No /100 ($100,000.00) Dollars to indemnify against
he claim of one person, and Three Hundred Thousand and No /100
$300,000.00) Dollars to indemnify against claims of two or more
ersons, and in the amount of Fifty Thousand and No /100
$50,000.00) Dollars to indemnify against claims of damage to
roperty. The said policies shall insure the contingent
lability of Owner and are to be placed with Owner, and Tenant is
0 obtain a written obligation on the part of the insurance
arriers to notify Owner in writing prior to any cancellation
hereof, and Tenant agrees, if Tenant does not keep such
nsurance in full force and effect, that Owner may take out the
ecessary insurance and pay the premium, and the repayment
hereof shall be deemed to be part of the rental and payable as
uch on the next day upon which rent becomes due.
8. The Tenant shall have the option to renew this
ease for one (1) additional consecutive term of five (5) years
rom the expiration of the term hereof, at an annual rental to be
stablished as follows:
(a) By the selection of one registered real estate
, roker appraiser by Owner and the Tenant respectively.
(b) By the selection of a third registered real estate
iroker appraiser by the two appraisers chosen by the parties.
(c) That said team of three appraisers shall determine
:he annual rental to be paid during each additional term of five
ears; that the cost of the preparation of said appraisals shall
)e at the expense of the Tenant, and the decision of a majority
f the appraisers shall be binding on the Owner and Tenant.
It is understood at the expiration of the initial
twenty (20) year term herein described that the parties may
iegotiate an additional term of twenty (20) years on such terms
ind rental and upon such conditions as shall be acceptable to the
- espective parties hereto.
- -3 --
9. No waiver of any condition or covenant of this
ease by the Owner shall be deemed to imply or constitute a
urther waiver by Owner of any other condition or covenant of
his lease.
10. This lease and the provisions thereof shall be
inding upon and inure to the benefit of the successors and legal
epresentatives of the parties hereto.
11. All rental and taxes required by the Owner of the
enant shall be paid within thirty (30) days from billing by the
wner.
12. All notices to the Owner shall be presented at the
ity Hall, City of Sanford, Florida, in care of the Office of the
ity Manager; all notices to the Tenant shall be mailed to Post
ffice Drawer S, Sanford, Florida 32771.
IN WITNESS WHEREOF, the parties hereto have hereunto
et their hands and seals the day and year first above written.
igned, sealed and
elivered in the
r p ence of :
s to Owner
,')
s Tenant
CITY OF SANFORD, FLO I,DA
By �
-� Mayor
i
Attest:
y Cler
OWNER
�- HARCAR ALUMINUM PRODUCTS
COMPANY
/J
By:
s
Attest:
TENANT
m4w
STATE OF FLORIDA
,OUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day before me, an officer
July authorized in the State and County aforesaid to take
[cknowledgments, personally appeared BETTYE D. SMITH and HENRY N.
'AMM, JR., well known to me to be the Mayor and City Clerk
. espectively of the City of Sanford, Florida, named as Owner in
. ,he foregoing Lease Agreement, and that they severally
acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly
, ested in them, and that the seal affixed thereto is the true
;orporate seal of the City of Sanford, Florida.
WITNESS my handnd official seal in the County and
tate last aforesaid this /Q day of ��"lG2�C,l, A. D. 1986.
No ary Public
State of Florida at Lar e
My Commission E x p i r e s• ilotary Public, State of Floi da
M-y dam re " 11, 1990
Bonded Th,u Troy Fain •Insurance n .
'TATE OF FLORIDA
'OUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day before me, an officer
,uly authorized in the State and County aforesaid to take
cknowed ments, pers ally appeared ��, , {� - �` - �
Lnd y i�� �-/ /�/�� well known to me to be
'resident and Secretary- Treasurer, respectively, of Harcar
Lluminum Products Company, a Florida corporation, named as Tenant
n the foregoing Lease Agreement, and that they severally
acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly
, ested in them by said corporation, and that the seal affixed
.hereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and
>tate last aforesaid thi day of 122 I A. D,
.986.
Notary Public'
State of Florida at Large
My Commission Expires:
Notary Public, State of Florida at Large
My Commission Expires June 29, 1988
- -5 --
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EXHIBIT A