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243-Seminole County School BoarRECORDED & VERIF,~,9 FEB -8 02 between Avenue, of Sanford, Florida, Post Office Box 1778, hereinafter referred to as "Grantee". GP~/~T OF KASEMENT THIS AGREE~ENT made effective as of . , 19~0, by and The School Board of Seminole Count~, Florida, 1211 Mellonville Sanford, Florida, hereinafter referred to as "Grantor", and City Sanford, Florida, 32772-1778, In consideration of the mutual promises contained in this agreement, the parties agree as follows: SECTION 1. GRANT OF EASEMENT; DESCRIPTION OF PREMISES Grantor hereby grants to Grantee and its successors in title, a license to occupy and use, subject to all of the terms of this~agreement, the following described property: a parcel of land approximately 151.05 feet north and south and 18.40 feet east and west, said parcel being a part of the Goldsboro Elementary School site, Sanford, Florida. Said parcel begins approximately at the southern right-of-way line of West 16th Street and, in part, immediately abuts and adjoins a parcel of property identified as the south 132 feet of the north 264 feet of the west 82 1/2 feet of the northwest 1/4 of the southwest 1/4 of the northwest 1/4 of section 36, township 19 South, Range 30 East, said parcel having a common street address of 1613 South Olive Avenue, and said parcel being the residence of City of Sanford, Florida. The property over which the grant of license lies is depicted on the attached survey marked Exhibit "A" prepared for City of Sanford, Florida by Doudney Surveyors, Inc. bearing field date 05/04/90, which survey is hereby incorporated herein and made a part hereof for all purposes. The parcel of property thereon depicted, which is the parcel over which the grant of easement lies, bears the legend (approximate centerline of Dirt Drive). SECTION 2. LIMITATION TO DESCRIBED PURPOSE The above described property may be occupied and used by Grantee solely for the purpose of ' a public alley during the period beginning September 1, 1990, and continuing until this agreement is terminated as provided by law. Grantee shall be fully responsible for the maintenance of the parcel and shall fully indemnify and hold the Grantor harmless for all damages or losses arising out of its failure to maintain said parcel, except a~ said damages or losses may result from the utilization of said parcel by The School Board of Seminole County, Florida, its agents, servants or em- ployees, to the fullest extent permitted by law. SECTION 3. CONDITION OF PREMISES NOT WARRANTED Grantor does not warrant or represent that the above-described property is-safe, healthful, or suitable for the purposes for which it is permitted to be used under the terms of this agreement. SECTION 4. INDEMNIFICATION OF GRANTOR Grantee shall indemnify and hold Grantor harmless from and against any and all liability for personal injury, property damage or for loss of life or property resulting from or in any way connected with the condition or use of the premises covered by this license or any means of ingress to or egress from the premises, except for personal injuries, property damages, and loss of life or property caused solely by the negligence of Grantor, to the fullest permitted by law. SECTION 5. GRANTEE HAS NO INTEREST OR ESTATE Grantee expressly agrees that it does not and shall not claim at any time any~ interest or estate of any kind of extent whatsoever in the above-described~ property of Grantor, by virtue of the rights granted under this Grant of~ Easement or its occupancy or use under this agreement. SECTION S. MUTUALITY OF USE Grantee hereby agrees that upon notice The School Board of Seminole County, Florida, may use the property described herein for any such purpose as it shall require, subject to the right granted herein to Grantee for the duration of this license. SECTION 7. GOVERNING LAW It is agreed that this agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. SECTION 8. ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. SECTION 9. MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. SECTION 10. NOTICES Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mall, if sent to the respective address of each party as set forth at the beginning of this agreement. In witness whereof, each party to this agreement has caused it to be executed at Sanford, Florida on the date indicated below. ATTEST: SCHOOL BOARD OF SEMINOLE COUNTY ROBERT W. HUGHES Superintendent fChairman ~ . Page --2-- GRANT OF EASEMENT SCHOOL BOARD OF SEMINOLE COUNTY/CITY OF SANFORD, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE ATTEST:' STATE OF FLORIDA COUNTY OF ~EMINOLE I HEREBY CERTIFY that on this day, before me, an officer duly authorized~ in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared JOSEPH WILLIAMS, JR. and ROBERT W. HUGHES, Chairman and Superintendent respectively, to me known to be the persons described in and who executed the foregoing instrument, a~d, acknowledged before me that they executed the same. Witness my band and official seal in the County and State last aforesaid this // day of ~] A.D., 1990. .,',% ~ ~. N ary Public ' CI~ OF S~, ~RIDA I HERESY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and i~ the County a~oresaid to take ack~wledgemgnt~, pgrsonally appeared ~ ,l['-ff. ~'~]/~,~ and F~ ~ ~ , to me/known to be the person described in and who executed the foregoing instrument and acknowledged before me that they executed the s~e. Witness my hand and/qofficial seal in the County and State last aforesaid this Z~7~ day of __~~, A.D., 199~ Notary Pubk~ ' ' ''~"~'~ . My Page --3-- G~T OF EASEMENT SCH~L BO~ OF SEMINOLE COUNTY/CITY OF S~FO~ FLORIDA .1 'Pi~HIBiT "A"