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083 Jocquise Jarrells Lease Agmt "WM' 1 tea i--1877-4 b'.a FINANCE 'S TRANSMITTAL MEMORANDUM To: City Clerk RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): Development Order r/Mayor's signature ❑ Final Plat(original mylars) I I Recording Letter of Credit r ' en I enng Maintenance Bond L Safe keeping(Vault) Ordinance Performance Bond ❑ Resolution II 1 On completed, please: Return original I I Return copy S ial Instr 1 tions: / 1 .'J. _L_i 1.i . i .A.J / ,'/j . A. 721. _ _. (j / ./._ 4_1.1. 1_ 4 immir% lir"irinPflff WP & / At MaliffilildrkalMISMIMErAMOINR9 d A / IMIEWZMIIPLA Lii di . Please advise if you hav- .ny questions regarding the above. Thank yo 411/./ /6 Ex/ii ?tom Date T:\Dept_forms\City Clerk Transmittal Memo-2009.doc i CITY OF SAN FORD/JOCQUISE JARRELLS LEASE AGREEMENT This Lease Agreement (Agreement) is entered into as of November 1, 2013, notwithstanding the date of execution by the parties (Commencement Date), between the City of Sanford, a Florida municipal corporation, whose address is 300 North Park Avenue Sanford, Florida 32771, (Landlord), and Jocquise Jarrells, whose address is 2208 West 25th Street, Sanford, Florida 32771 (Tenant). WI TNESSETH: Section 1. Premises. Subject to the terms hereof, and to zoning and restrictions of record, and in consideration of the mutual benefits and obligations set forth hereafter, Landlord leases to Tenant and Tenant leases from Landlord the Premises located in Seminole County, Florida, more particularly described as follows (the "Premises"): Tax Parcel Identification Number 35-19-30-300-012A-0000 (see attached printout). Irregular 52 feet x 200 feet for approximate estimate of 10,400 square feet of land based upon Seminole County Property Appraiser's Tax Roll information. Section 2. Term. This Agreement shall be for a term commencing upon the Commencement Date and expiring December 31, 2014 and shall renew automatically, for one year periods thereafter, unless terminated by the Landlord by giving notice to the Tenant 30 days prior to the end of a term; provided, however, that the parties may extend this Agreement for an additional term or additional terms under said terms, conditions and provisions as may be mutually agreed by the parties; provided, further, however, that the Landlord, if it finds that such action is in the public interest, may terminate this Agreement at any time by giving the Tenant 30 days advance notice consistent with the notice provisions set forth herein. Section 3. Rent. Rent shall be $135.94 per month, paid in advance by the first of the month. The Tenant shall provide electric, garbage, water and sewer services to the Premises. Tenant shall be responsible for all maintenance of and repairs to the Premises. On January 1, 2015 and on January 1 of each successive year, the Rent shall increase by 1.5% payable in each monthly payment. Additionally, the Tenant shall pay the ad valorem taxes related to the Premises in monthly installments of $79.86 to the City which will be adjusted annually starting January 1, 2015 based on the new tax bill for the year. Section 4. Use. Tenant shall use and occupy the Premises only for lawful activities. Tenant shall not use the Premises in a disreputable, hazardous or unlawful manner, or in any manner that would constitute a public or private nuisance. Tenant shall provide all of its own office equipment, furniture and furnishings and shall insure such property, as it deems desirable, but, in no event, shall make a claim against the Landlord for any losses. Tenant shall not perform any acts on the Premises that would generate noxious 1iPage I odors or annoying noises or cause environmental damage, degradation or liability. The term "environmental" is used in its broadest possible meaning and context. Tenant shall keep the Premises clean and presentable as well as in compliance with all laws, rules, regulations, codes and ordinances. Tenant shall maintain the Premises in good condition and shall be responsible for any and all damages caused by its guests or invitees and their actions and omissions. The Landlord hereby reserves and retains the right to use the Premises for utility purposes such as, but not limited to, the installation of lines, pumps, connections, stations and any and all similar or associated facilities such as, by way of example and not limitation, water, sewer, rights-of-way, electrical, cable, telephone and internet. Section 5. Hazardous Substances. Tenant shall not use, store, generate, dispose of, release or otherwise handle or possess any hazardous substance on or about the Premises. Should Tenant violate this provision, then Tenant shall indemnify, defend, and hold Landlord harmless from all claims, charges, penalties, fines, liabilities, costs (including clean-up costs), and all other obligations and expenses arising directly or indirectly from such violation. Section 6. Quiet Enjoyment. Upon performing all covenants and obligations under this Agreement, Tenant shall hold the Premises free from disturbance. Tenant shall shall not allow any unlawful or unpermitted use of the supervise all participants and s y p Premises. Section 7. Redelivery. Tenant covenants that at the termination of this Agreement, whether by expiration, default or otherwise, Tenant shall promptly re-deliver the Premises to Landlord free from subtenancies and in the condition the Premises are presently in, reasonable use and wear excepted. Any personal property or trade fixtures remaining on the Premises 30 days after termination shall be deemed abandoned by Tenant, and may be disposed of as Landlord deems fit at Tenant's expense. All personal property or fixtures located in the Premises on the Commencement Date shall be redelivered in good condition with the Premises. Section 8. Acceptance of Premises. Tenant acknowledges that Landlord has made no representation or warranty that the Premises are fit for Tenant's intended use. Tenant has inspected the Premises, and Tenant accepts the Premises "as is". Section 9. Indemnification/Liability/Loss. The Tenant shall indemnify, defend and save the Landlord harmless from and against all claims, demands, obligations, liabilities, penalties, fines, charges, costs and expenses including, but not limited to, attorney's fees, costs and expenses for the defense thereof,arising from occurrences on or about the Premises and from the Tenant's negligent or wrongful activities thereon. Should claim be brought against the Landlord or the Landlord be made a party to any action relating to the Premises,then the Tenant shall reimburse the Landlord for all attorney's fees, costs and expenses incurred by the Landlord in connection with the claim or action. The Tenant shall provide premises and property liability insurance acceptable to the Landlord and naming the Landlord as an additional insured (and provide proof thereof) with coverage limits in an amount of no less than $1,000,000 combined single limit. The 21 Page r Landlord's Insurance Officer shall have authority to make determinations with regard to insurance requirements. Section 10. No Assignment without Consent. Tenant shall not assign this Agreement or any of Tenant's rights hereunder, nor sublet the Premises or any portion thereof, without first obtaining the express written consent of Landlord acting through its City Commission. Section 11. Default. Landlord, at its option, may terminate this Agreement on 3 days' notice to the Tenant: (a) if any Rent due hereunder is not paid when due; or (b) if the Premises are abandoned by Tenant or otherwise become and remain vacant or deserted for a period of 30 days or more; or (c) if the Premises are used for some purpose other than the use authorized herein; or (d) if Tenant shall have failed to cure a default in the performance of any other provision of this Agreement or any rule or regulation set forth herein within 30 days after written notice thereof to Tenant from Landlord, or if such default cannot be completely cured in such time, if Tenant shall not promptly proceed in good faith to cure such default within said 30 days, or shall not complete the curing of such default with due diligence. In the event that Landlord elects to terminate this Agreement, then, upon the expiration of the aforesaid notice period, Tenant shall remain liable for damages to the maximum extent provided herein or permitted by law. In the event that this Agreement is terminated as result of default and it is determined that the default did not occur, then the termination shall be deemed to have occurred in accordance with Section 2. Section 12. Destruction of Premises. In the event that the Premises or a portion thereof is destroyed or damaged by fire or other casualty, then Landlord may or may not elect to repair or rebuild the Premises or may elect to terminate this Agreement. If Landlord elects to repair, this Agreement shall remain in force, and Landlord shall complete all repairs after such election. If Landlord elects to terminate this Agreement rather than to repair, Tenant shall promptly surrender possession of the Premises to Landlord and neither Landlord nor Tenant shall have any remaining obligations hereunder, except any obligations owed by Tenant that accrued before the casualty, which obligations Tenant shall forthwith settle. Landlord shall not be liable for any damages, inconvenience, or annoyance to Tenant resulting from any damage to the Premises or from the repair or replacement thereof, and shall not be liable for any delay in restoring the Premises unless arising from the Landlord's negligent and legally cognizable action. If Tenant's negligence or wrongful act or the negligence of Tenant's agents, employees or invitees results in damage or destruction to the Premises, then notwithstanding any other provision of this Agreement, Tenant shall be obligated to pay the cost or repair, replacement or restoration that exceeds any available insurance proceeds therefore, and Rent shall not abate during the period of repair or restoration. Section 13. Liability for Loss of Personal Property. All personal property placed or moved in the Premises shall be at the risk of Tenant. Landlord shall not be liable for any damage to person or to property occurring on the Premises or related to Tenant's 31 Page it I i use thereof including, but not limited to, damages arising from the bursting or leaking of water pipes. Section 14. Alterations. Tenant shall not make any alterations to the Premises without first obtaining the written consent of Landlord acting through its City Commission. Any alterations so approved by Landlord shall: (a) be made in a good and workmanlike manner; (b) be paid for in full by Tenant; (c) be made with materials of comparable or better quality than are already in place; and (d) not weaken the Premises or cause a reduction in fair market value of the Premises. Section 15. Access to Premises. In addition to the utility usage rights hereinbefore set forth, Landlord may enter the Premises at any time for the protection or preservation of the Premises. Section 16. Cost of Collection and Attorney's Fees. In the event of legal proceedings between the parties, the prevailing party in such proceedings shall be entitled to have its costs and attorneys' fees, including costs and attorneys' fees for appellate proceedings, paid by the non-prevailing party. The parties agree to waive trial by jury. The parties also agree to engage in non-binding mediation prior to the commencement of any law suit with the costs and fees resulting therefrom being borne equally by the parties. Section 17. Liens.Tenant agrees to keep the Premises free and clear of any lien or encumbrance of any kind whatsoever created, in any way whatsoever, by Tenant's acts or omissions and Tenant shall indemnify and defend Landlord against any claim or action brought to enforce any lien imposed on the Premises because of Tenant's negligent or wrongful act or omission. Except as specifically provided otherwise herein, Tenant shall have 30 days after receiving notice of any such lien or encumbrance to have such removed. If Tenant fails to have such removed within that time, Tenant shall be in default. Section 18. Waiver. No act of a party shall be deemed a waiver of any of the party's rights hereunder, unless such waiver is specifically made in writing. A party's forbearance to enforce any rights hereunder or to exercise any available remedy, or to insist upon strict compliance herewith, shall not be deemed a waiver or forfeiture of such rights, remedies or strict compliance, nor shall such forbearance stop the party from exercising any available rights or remedies or from requiring strict compliance in the future. Landlord's acceptance of any late or inadequate performance including, but not limited to, late or insufficient payments of Rent, shall not constitute a waiver or forfeiture of Landlord's right to treat such performance as an event of default or to require timely and adequate performance in the future. Section 19. Notices. All notices or other communication required or permitted to be given pursuant to this Agreement shall be in writing and shall be construed as properly given if mailed by United States Mail. It is agreed that notice so mailed shall be reasonable and effective upon the expiration of 3 business days after its deposit. Notice 4jPage given in any other manner shall be effective only if and when received by the addressee. For purposes of notice, the addresses of the parties shall be the address as follows: For Tenant: Jocquise Jarrells 2208 West 25th Street Sanford, Florida 32771 For Landlord: City Manager 300 North Park Avenue Sanford, Florida 32771 Section 20. Construction.Whenever the context permits, or requires the use of the singular in this Agreement shall include the plural and the plural shall include the singular. Any reference herein to a gender shall likewise apply to the other gender and to the neuter; and any reference herein to the neuter shall refer likewise to either or both genders. Any reference herein to a person shall include trusts, partnerships, corporations, and other entity, as appropriate. Section 21. Captions. The captions to the provisions of this Agreement are for convenience and reference only and in no way define, limit or describe the scope or intent of this Agreement nor in any way effect the substance of this Agreement. Section 22. Applicable Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida Section 23. Survivability. The parties agree that all of Tenant's indemnities, representations and warranties made herein, shall, to the extent and limits permitted by law, survive the termination or expiration of this Agreement and that the termination or expiration hereof shall not release Tenant from any accrued, unfulfilled or unsatisfied liabilities or obligations. Section 24. Merger. No prior or present agreements or representations shall be binding upon the parties hereto unless incorporated in this Agreement. No modification or change in this Agreement shall be valid or binding upon the parties unless a writing is executed by the parties to be bound thereby. Section 25. Parties Bound. This Agreement shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the parties. In the event Landlord or any successor-owner of the Premises shall convey or otherwise dispose of the Premises, all liabilities and obligations of Landlord, or any successor-owner as Landlord, to Tenant under this Agreement shall terminate upon such conveyance or disposal and the giving of written notice thereof to Tenant. 5IPage Section 2 6. Severability. If any provision of this Agreement should be in conflict with any public policy, statute or rule of law, or is otherwise determined to be invalid or unenforceable, then such provision shall be deemed null and void to the extent of such conflict, but without invalidating the remaining provisions. Section 27. Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earlier Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or Rent payment be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy provided in this Agreement. Section 28. Time Periods. Time is of the essence in this Agreement. Any reference herein to time periods of less than 6 days shall exclude Saturdays, Sundays and legal holidays; and any time period provided for herein that ends on a Saturday, Sunday or legal holiday shall extend to 5:00 PM of the next full business day. Section 29. Recording. This Agreement shall not be recorded in the Land Records of Seminole County. Section 30. Counterparts. This Agreement may be executed in any number of counterparts,each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. Section 31. Exhibits. Each exhibit, if any, referred to and attached to this Agreement is an essential part of this Agreement. The exhibits, if any, and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. The City shall determine the contents of this Agreement relative to exhibits. Section 32.Entire Agreement/Binding Effect. The text herein shall constitute the entire Agreement between the parties and may only be amended by means of a document of equal dignity herewith. This Agreement shall be binding upon and shall inure to the benefit of the parties and their heirs, executors, personal representatives and assigns. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals on the date stated. Attest: LANDLORD: CITY OF SANFORD, Florida .A61 Cynthia Porter Jeff Triplett r fly City Clerk Mayor Wage For use and reliance of the Sanford City Commission only. Approved as to form and egality. William L. Colbert City Attorney Attest/Witnesses: TENANT: JOCQUISE JARRELLS I ■ 11, LIZ L/ '° 'f 7'3 Pri ed Name:J 2fl 111!" c uise rrells Witness Number 1 1 41/1 Printed a -: ; oY) I SOWS ., Witness Number A 7IPage s P