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068-James W. Hickman Marital Trust PropertyHICKMAN ENTERPRISES ANDRE F. HICKMAN K July 24, 2007 Mr. Robert J. Tunis Economic Development Director City of Sanford, Florida Post Office Box 1788 Sanford, Florida 32772 -1788 PO BOX 941618 MAI TLAND, FL 32794 Ph: (407) 629 -168$` Fax: (407) 629 - 91981 ": RE: James W. Hickman Marital Trust Property; Parcel ID# 25- 19- 30 -5AG- 0201 -0010 Dear Mr. Tunis, Thank you for your preparation of the final Vacant Lot Lease for the above - described property. Accordingly, enclosed please find an original Vacant Lot Lease signed by Mr. Hickman. Please have the Mayor execute the same and return a copy to our office along with the check for the rental due. We appreciate your attention to this matter and I look forward to receipt of a copy of the fully executed Vacant Lot Lease and original check. If you need anything further, please don't hesitate to contact me. Sincerely JAMES W. HICKMAN MARITAL TRUST Paul M. Sills General Counsel PMs /Pms enclosure 60 1711v y . IA- CHECK NO. 122125 DATE ' ACCOUNT PROJ PO INVOICE I AMOUNT 07/24/2007 001- 0102 - 512.49 -04 2,400.00 07/06 -06/08 JAMES W. HICKMAN MARITAL TRUST 9999999 * ** *2,400.00 CHECK NO. 122125 DATE ACCOUNT PROJ PO INVOICE AMOUNT 07/24/2007 001- 0102 - 512.49 -04 07/06 -06/08 2 JAMES W. HICKMAN MARITAL TRUST 9999999 6RDER OF * ** *2,400.00 11' 12 2 1 2 Sum 1:0 6 30000 2 L1: 20000 L 4 4 708 3 Luo VACANT LOT LEASE THIS VACANT LOT LEASE, made this A71k day of , 2007, by and between ANDRE FRANCOIS HICKMAN, Authorized Co- Trustee of the James W. Hickman Marital Trust under Agreement Article VIII, hereinafter called "LESSOR ", whose mailing address is Post Office Box 941618, Maitland, Florida 32794 and CITY OF SANFORD, FLORIDA, hereinafter called "LESSEE ", whose address is 300 North Park Avenue, Sanford, Florida 32771. WITNESSETH: (1) PREMISES In consideration of the rents, covenants and agreement hereinafter made, reserved and contained on the part of Lessee to be observed and performed, the Lessor leases to the Lessee and Lessee rents from Lessor the premises located at 308 East First Street, Sanford, Florida 32771, identified as Seminole County Tax Parcel ID 25- 19- 30 -5AG- 0201 -0010, and more particularly described on the attached Exhibit "A" (hereinafter called "Premises "). The premises shall be used by the Lessee as a Farmer's Market and a parking facility. (2) TERM The term of this Lease, and Lessee's obligation to pay rent, shall commence on July 1, 2006, and shall continue month to month thereafter for twelve (12) consecutive months subject to automatic annual renewal month to month thereafter unless sooner terminated as hereinafter provided. (3) RENT (a) The Lessee covenants and agrees to pay to Lessor at such place as Lessor may, in writing, from time to time designate, rental in lawful money of the United States for the demised premises a guaranteed and fixed rental of Two Thousand, Four Hundred Dollars ($2,400.00) on the signing of this Lease representing rental for the Page 1 of 6 months of July, 2006 through June, 2008, and a similar sum payable annually in advance thereafter. (b) REAL ESTATE TAXES Lessee shall pay the real estate taxes for the premises and all other assessments or taxes assessed against the premises for so long as this Lease remains in effect. (c) TERMINATION Either party may terminate this Lease on forty five (45) days written notice to the other by certified mail to Lessor or Lessee at the address shown herein. In the event of early termination, rent paid in advance will be refunded by Lessor pro rata at One Hundred Dollars ($100.00) per month and taxes paid in advance pursuant to 3(b) hereof will be refunded by the Lessor pro rata for the unused term. (d) RENEWAL This Lease shall automatically renew annually hereafter as agreed unless terminated by either party as provided herein. (4) USE Lessee shall not permit said premises to be used for any unlawful purpose and shall at all times comply with the laws and rules and regulations of all applicable governmental bodies relating to the use of said premises, including sidewalks, alleys, and streets adjoining. (5) MAINTENANCE Lessee shall accept said premises in the condition that the same shall be in at the commencement of the term of this Lease, and shall not permit or allow the premises to be damaged or depreciated in value by any willful act or act of negligence of Lessee or its agents or any third parties and Lessee shall at all times during the term of this Lease keep the premises in good repair, ordinary wear and tear excepted in accordance with the Sanford City Code. (6) MECHANIC'S LIENS Lessee shall not have nor shall anyone claiming by, through, or under Lessee have the right to file or place any mechanic's liens or other lien Page 2 of 6 of any kind or character whatsoever upon said premises or improvement thereon, or upon the leasehold interest of Lessee therein, nor shall anyone furnishing any material, service, or labor for any improvements, alterations, repairs, or any part thereof, at any time be or become entitled to any lien thereon. This paragraph shall survive any termination of this Lease to the extent of any such claim for pre- termination activities. (7) INSPECTION OF AND ACCESS TO PREMISES Lessor, its agents and employees, shall have the right, at all reasonable times, to enter the Demised Premises or any part thereof to inspect, perform investigations, studies, evaluations and all of which the Lessor deems advisable to make in order to investigate and /or preserve the Demised Premises. (8) PUBLIC LIABILITY INSURANCE Lessee shall at all times during the term of this Lease, carry general liability, accident, and property damage insurance and such other insurance as shall be required, for the protection of Lessor as provided for in this paragraph. Such liability, accident, and property damage insurance shall be to protect Lessor against any claims for injuries to person or persons or property arising or growing out of the use of said premises by Lessee, and the amount of liability insurance shall be an amount available to the Lessee through its usual provider. Further, Lessee shall indemnify Lessor for any matter arising upon the premises which is not covered by such insurance. This indemnity provision is not intended as a waiver of Lessee's common law right of sovereign immunity, as adopted in Section 2.01, Florida Statutes. The limited waiver of sovereign immunity set forth in Section 768.28, Florida Statutes, for tort actions brought against Lessee shall be applicable to any action brought pursuant to this indemnity provision, even if the indemnity action sounds in contract rather than tort. This provision shall survive termination hereof. Page 3 of 6 (9) SUCCESSORS All rights, obligations, and liabilities given to, or imposed upon the parties hereto shall extend to and bind the respective heirs, executors, administrators, successors, licensees, concessionaires, of such parties. (10) DEFAULT In the event Lessee shall fail for three (3) days following receipt of notice from Lessor to remedy any default in the payment when due of any sum required to be paid by Lessee under this Lease, or in the event that Lessee shall fail to take all reasonable steps to perform any other term, covenant or condition herein after ten (10) days notice from Lessor to do so, then in either such event Lessor may, at its option, to be exercised in writing, cause the forfeiture of this Lease. (11) VENUE Venue for enforcement hereof shall be in Seminole County, Florida. In the event of litigation related to this Lease, the prevailing party shall be entitled to recover their reasonable attorney's fee from the non - prevailing party. The parties agree to engage in Dispute Resolution of all issues between them prior to submitting litigated matters to non -jury trial. The parties waive jury trial. (12) RECORDATION Lessor and Lessee agree not to place this Lease of record but to execute and acknowledge a short form thereof for recording, if requested by a party in writing. (13) ENTIRE AGREEMENT This Lease contains and embodies the entire agreement of the parties hereto and no representations, inducements or agreements, oral or otherwise, between the parties not contained and embodied herein shall be of any force or effect, and the same way not be modified, changed or terminated in whole or in part, orally or in any manner other than by an agreement in writing duly signed by all of the parties hereto. Page 4 of 6 (14) CONSUMATION Lessor and Lessee warrant and represent that there was no broker or agent instrumental in consummating this Lease. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals in duplicate the day and year first above written. Signed, Sealed and Delivered in the Presence of Witnesses: Signature P.."I /K . S i I li Pri d Name ry t 6A, ignature Sjx66Ln d. bi4A Printed Name LESSOR: A NYR� FRANCOIS HYCKMAN, Authorized Co- Trustee of the James W. Hickman Marital Trust under Agreement Article VIII STATE OF FLORIDA ) COUNTY OF SEMINOLE ) The foregoing instrument was acknowledged before me this tA day of U /V , 2007, by Andre Francois Hickman, Authorized (;o-Trustee of the James & Hickman Marital Trust under Agreement Article VIII, who is V personally known to me or [ ] who has produced his as identification. 12( /1 A2,..& (seal) Notary Public State of Florida 'Y_ Lind L1D.f Printed Na e x g LINDSAY N. POULOS MY COMMISSION # DD681389 EXPIRES June 04, 2011 (407) 398.0153 FlondallotaryServfcexom Page 5 of 6 ATTEST. LESSEE: /Janet R. Dougherty, Cit Clerk Li4Kn, Mayo r STATE OF FLORIDA ) COUNTY OF SEMINOLE ) The foregoing instrument was acknowledged before me this :-A day of , 2007, by Linda Kuhn as Mayor of the City of Sanford, Florida, Ao i personally known to me. 6 (seal) Notary Public - State f Florida DEBRA C. SIMMONS Notary Public, State of Florida My comet expires July 25, 2008 No. DD 340621 1 1 1 in Agelicy, 111C. t800)45 1 -2 4834 Printed Page 6 of 6 LEGAL DESCRIPTION Tax Parcel: 25- 19- 30 -5AG- 0201 -0010 Lots 1 2 3 4 5 6 7 & 8 and vacated alley between Lots 1 to 3 and 5 to 7, Block 2, Tier 1, TOWN OF SANFORD, according to the plat thereof as recorded in Plat Book 1, Page 58 of the public records of Seminole County, Florida. a E COMMERCIAL ST � 0C O U. Z 9 a 0 W E 1ST ST SITE EXHIBIT "A"