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562 Legallefty, LLC Prepared by and return to: Lonnie N. Groot, Esquire Stenstrom, McIntosh, et al. 1001 Heathrow Park Lane Suite 4001 Lake Mary, Florida 32746 Telephone 407-322-2171 `� Tax Parcel ID#: o��j'��I "3O -5A-C 'OlO1-0I)� CONDITIONAL TEMPORARY PARKING EASEMENT THIS CONDITIONAL TEMPORARY PARKING EASEMENT is made and entered into this f day of / ' , 2014, by and between LEGALLEFTY, LLC, whose address is 2'",0 S Sanford Avenue, hereinafter referred to as the "GRANTOR:, and the CITY OF SANFORD, a municipality of the State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as the "GRANTEE". WITNESSETH: FOR AND IN CONSIDERATION of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the GRANTOR does hereby grant and convey to the GRANTEE and its assigns, a temporary easement for the purpose of parking motor vehicles and taking any and all other necessary and expedient actions relative to the establishment of parking spaces including, but not limited to, placement of the following in, on and upon the below described property: the marking and signing of property, lighting, landscaping, maintenance, and other appurtenant reasonable actions to provide for public parking on the said property or utilize existing parking spaces for public parking subject to the terms and conditions of such usage as set forth below. Included in this grant of easement is the right of the GRANTEE to access and enter, at any time (or only as set forth in a condition 1I enumerated below), and to allow public parking, upon the parking spaces located upon the following-described property situate in the County of Seminole, State of Florida, to wit: Tax Parcel Identification Number: 25-19-30-5AG-0401-0110 (See attached Exhibit "A"/Property Appraiser Printout). TO HAVE AND TO HOLD said easement unto said GRANTEE and its assigns for a period of time commencing on the date of this instrument and continuing until the date thereafter that is set forth below in a condition of use. THE GRANTEE as a part of the consideration of this grant, shall, to the extent and limits permitted by law, assumes public liability or responsibility and liability for the installation, maintenance and operation of said parking areas and spaces when utilized for public parking during the time periods as established herein; provided, however, that the GRANTEE does not hereby waive sovereign immunity or any rights of the GRANTEE under the provisions of Section 768.28, Florida Statutes. THE GRANTOR does hereby covenant with the GRANTEE, that it is lawfully seized and possessed of the real estate above-described, that it has a good and lawful right to convey the said easement and that it is free from all encumbrances that would prohibit the GRANTOR from granting the GRANTEE the rights that are set forth herein relating to the parking of motor vehicles. UPON EXPIRATION of the easement granted herein, the GRANTEE shall return the easement area to the general condition of the easement area prior to the commencement of this easement normal wear and tear excepted. THIS DOCUMENT SHALL not be recorded in the Public Records (Land Records) of Seminole County. THE FOLLOWING CONDITIONS of the easement granted herein shall be 2I applicable to the permitte. - by the GRANTEE as set forth herein (if none, then GRANTOR shall initi., - - and the GRANTEE shall initial here ). Grantee agrees to: 1.) Mill existing asphalt pavement in entire parking lot to a dept of 1.5 inches deep and replace with new hot asphalt. Approximately 1200 cu. yds of mill and remove and 115 tons of asphalt. 2.) Remove all existing concrete curb and construct approximately 225 linear feet of new concrete curb. 3.) New stripping for entire parking lot including handicap parking stalls and signs, Stop sign and stop bar. 4.) Construct new concrete seat wall east side of parking lot of same construction and appearance as those on the Sanford Avenue Streetscape Project. 5.) Remove existing trees south side of parking lot, grade and dress area, repair irrigation, install new landscaping and mulch bed. Grantor agrees to: 1.) Allow the City exclusive use of the parking lot Monday thru Friday 6 p.m. until 2 a.m. and Saturday & Sunday unrestricted. Tenants and owner shall have use of the lot at all times unless otherwise noted. Tenants and owner shall have one parking stall available for use during special events. 2.) Maintain and/or replace all plants and shrubs in landscaped areas following completion of initial construction. Maintain and repair the existing irrigation system. 3.) Maintain the asphalt, perform routine maintenance including but not limited to litter pickup and sweeping of the parking area as needed. 4.) Maintain existing lighting and fixtures in good condition and operating order. 5.) Maintain signs and pavement markings. In consideration of the in-kind services being provided by the City for reconstruction of the existing parking lot, this agreement will remain in effect until December 31, 2022. 31 IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written. (Signature block depends upon entity/ownership type as determined by City Attorney). Signed, Sealed and Delivered NAME OF GRANTOR In the Presence of Witnesses: • Witness Numb:O W i natu - Printed name: Printed name: y inj Ly L•M'46 Title: 6144v6it- B • " /.��� Ai• �4 Witne• ► I* • .t r _- Printed Name •‘14 _ • ? */O 41 ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF SEMINOLE ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared fichhq J/1/17(land he/she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily and he/she is personally known to me or provided f-6,.bi p TSs60s6' '06)s identification. WITNESS my hand and official seal in the County and State last aforesaid this j day of , 2014. 7/i lL/ (� ty) MARIE C.DUFFY Notary ' blic; State of Florida Notary Public State of Florida M Commission Ex ires: -. • .=� My Comm.Expires Sep 23.2018 y p 1 =;, Commission#EE 537577 (Affix Notary Seal) °f,°;,;,`.•` Bonded Throw National Notary Assn. _r 41 TERMS AGREED UPON BY CITY OF SANFORD Attest: CITY OF SANFORD• At" Cynthi Porter Jeff Triplett City Clerk Mayor, City of •. 4.,, Florida Approved as to form and legality: d/ • geolov-1, William L. Colbert City Attorney 5IPage