1689 Site 10 LeasePrepared by:
Lonnie N. Groot
Stenstrom, McIntosh, Colbert and Whigham, P.A.
1001 Heathrow Park Lane, Suite 4001
Lake Mary, Florida 32746
(Not To Be Recorded)
SITE 10- LICENSE AGREEMENT
This License Agreement ( "License ") is made and entered into this 15`h day of December, 2015, by and
between The City of Sanford, Florida, as Licensor, and Dr. Marcus O. Williams DBA Mo Brangus, whose address
is 1301 Hickory Drive, Longwood FL 32779 -5884, as Licensee.
WITNESSETH: That the Licensor hereby grants a license to the Licensee and the Licensee hereby accepts a
license from the Licensor for the premises located in Seminole County, Florida more particularly described on the
attached Exhibit "A" (the "Premises "), consisting of approximately 607 + acres of pasture land more or less,
excepting any improvements located thereon:
1. The initial term of this License shall be for one (1) year commencing on January, 2015 and terminating on
December 31, 2015, unless revoked by the Licensor at any time prior to the end of the term. Unless Licensor elects
to revoke this License prior to the termination date set forth hereunder this License may automatically renew for
five (5) additional one (1) year terms.
2. Licensee shall pay the amount of $42,000 per year to Licensor for privileges granted by this License. The
License fee shall be payable in advance in one lump sum on January, 2015. The first License renewal will be
paid in advance commencing with one lump sum payment on January, 2016 and in advance on the same date of
each successive year for each annual License renewal thereafter. The amount paid at each License renewal for the
privileges allowed by this License shall increase by 3 % over the previous annual License renewal payment. The
Licensee shall promptly pay the Licensor the additional amount of $9.00 per Florida standard size consumer unit
pallet of sod at the time of cutting of sod /pasture grass removed from the Premises by either the Licensee or
Licensee's agent for the additional privilege of removing sod /pasture grass from the pasture area of the Premises.
3. The Premises are to be used solely for the grazing and maintenance of cattle and activities relating directly to
and incident with the grazing, maintenance and management of cattle operations with a maximum number of 201
cows and 201 calves located upon the Premises at any time during the License. Sod /pasture grass removal from
pastures located within the Premises by either the Licensee or its' agent is permitted provided, however, Licensee
delivers prompt payment to the Licensor as provided in paragraph 2., above, and any action to remove sod /pasture
grass does not interfere with the Licensor's primary use of the Premises for the discharge of wastewater, or cause
any damage to Licensor's wastewater discharge system, improvements, and facilities located within the Premises.
The Premises shall not be used by the Licensee for any other use or purpose not specifically stated within this
License.
4. Except as may be otherwise specifically provided herein, the Licensee agrees to indemnify and hold harmless
the Licensor from and against all claims, demands and causes of action for personal injury (including death) or
property damage arising directly or indirectly out of or by any reason of the Licensees use of the Premises.
5. The Licensee shall have no right in the timber, plant, or animal species now or hereafter located or growing on
said Premises and the Licensee agrees not to set fire to grass, straw or underbrush or to permit said Premises to be
hunted or burned over, except upon the written consent of the Licensor having been first obtained.
6. The Licensee agrees to construct, maintain and keep in good repair at its own cost and without any expense to
Licensor, adequate and substantial fences around said Premises with proper gates and driveways for all cattle,
automobiles and other vehicles, and to assume all liability for any stock that may be killed, injured or that may die
on said Premises, or escape from the Premises. The Licensee agrees at its' expense to mow the pastures located
within the Premises no less than two (2) times during each annual license period on or before May 31" and the
following October 15th. As part of the mowing, the Licensee shall cut/maintain the ditches on the Premises on the
hay field side; provided, however, that areas that cannot be mowed with a mower deck pulled behind a tractor or
which would require the use of a boom mower shall not be the responsibility of the Licensee.
7. The Licensee shall maintain at Licensee's expense, a policy or policies of insurance with a company
acceptable to the Licensor providing general liability insurance in an amount of not less than $2,000,000.00 and
naming the Licensor as an additional named insured. The insurance coverage shall specifically provide for the
liability associated with any privilege allowed the licensee. A certificate of insurance evidencing the coverage
required herein shall be provided by the Licensee to the Licensor prior to the use of the Premises and prior to each
annual renewal of the License. Failure of the Licensee to comply with this requirement shall result in the
immediate revocation of the License by the Licensor.
8. The Licensor reserves the right to use the Premises for any and all purposes that it may desire, except for the
purposes granted to the Licensee, and to that end shall have the rights of ingress and egress over, through and upon
said Premises, and to place on, under and through said Premises such installations, improvements and facilities of
either permanent or temporary nature as it may desire; provided, however, that all gates and fences are secured by
Licensor when accessing the Premises and no action is taken to prevent, endanger or unreasonably interfere with
the Licensee's use of the Premises, provided, however, that in no circumstance shall any use by the Licensee
disturb the Licensor's primary use of the Premises for the discharge and distribution of wastewater.
9. The Licensor shall have the right within its' sole discretion at any time during the term, or any extension or
renewal thereof, to revoke this license as to the whole of said Premises, or as to any portion thereof. In case of such
revocation of the use of the whole Premises, the annual payment shall be apportioned from the later date of either
the date of revocation or the complete removal of all cattle from the Premises by the Licensee and any amount paid
in advance shall be proportionately refunded to the Licensee. In the event that only part of the use of the Premises is
revoked by the Licensor, then the amount to be thereafter paid by the Licensee for privileges shall be reduced in the
proportion that the acreage removed from the Premises bears to the estimated total pasture acreage stated in this
License.
10. The Licensee shall not assign any privilege granted by this License, except upon the written consent of the
Licensor having been first obtained. Licensee shall keep all the Premises and every part thereof free and clear of
any and all mortgages, mechanics and other liens for or arising out of or in connection with purchases, work or
labor done, services performed, or materials furnished for or in connection with any use or operations of Licensee.
11. Any use of the Premises at the expiration of this License with Licensor's consent shall be on a month -to -month
basis for the amount paid for the current License period apportioned monthly; provided, however, that such use of
the Premises may be revoked at any time by the Licensor. If the Licensee uses the Premises or any part thereof
after the expiration of the term hereof without the express written consent of the Licensor, such use of the Premises
shall be an unlawful occupancy or use of the Premises from month to month at a payment in the amount of two (2)
times the annual payment for the period divided by twelve (12), for each month or partial month during which the
Licensee uses the Premises. During any such lawful or unlawful use of the Premises, Licensee agrees to be bound
by the terms of this License insofar as such terms may apply.
12. Licensee shall comply with and abide by all federal, state, county, municipal, and other governmental statutes,
ordinances, permits, easements, laws, and regulations affecting the Premises for any activity conducted on and /or in
such Premises.
13. This License is made without any warranty, express or implied, as to the suitability of location, soil, water
supply, topography, drainage, improvement and land area for the use Licensee makes or intends to make of the
Premises, or otherwise. The Licensee certifies to the Licensor that it has completed its' own due diligence
inspection of the Premises prior to entering into the License and accepts the Premises in the condition found on the
initial grant of the License. The Licensor shall have no liability or responsibility to Licensee if the Premises be
taken by any public authority, or removal from the Premises or any portion of the Premises due to any easement,
permit, rule, law or right asserted by any governmental entity, or for any defect of title or lien upon the Premises.
Licensor is released by Licensee hereunder upon a transfer of title to the Premises and Licensee agrees to
immediately furnish such subordinations as Licensor may request.
14. The waiver by Licensor of, or failure of Licensor to take action with respect to any breach of any term,
covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or
subsequent breach of the same, or any term, covenant, or condition therein contained. The subsequent acceptance
of payment hereunder by Licensor shall not be deemed to be a waiver of any preceding breach by Licensee other
than the failure of a Licensee to pay the particular payment so accepted, regardless of Licensoe's knowledge of
such preceding breach at the time of acceptance of such payment.
15. If any legal action or other proceeding, is brought for the enforcement of this License, or because of an
alleged dispute, breach, default or misrepresentation in connection with any provision of this License, the
successful or prevailing party shall be entitled to recover reasonable attorneys' fees, court costs, and other
reasonable expenses incurred in connection with maintaining or defending such action or proceeding, as the case
might be, in addition to any other relief to which such party may be entitled.
16. Environmental liabilities resulting from the Licensee's use of the property are entirely the Licensee's
responsibility. Licensor reserves the right to correct any environmental deficiencies that Licensee has failed to
correct and to seek financial compensation from the Licensee for actions taken by the Licensor to correct
environmental deficiencies associated with Licensee's activities. Such compensation includes the recovery of costs
including fines, damages or penalties. The Licensee is responsible for maintaining compliance with all current and
future environmental statutes, ordinances, laws and regulations that apply to Licensee's use of the Premises. These
provisions apply but are not limited to liabilities associated with: well permitting and maintenance, pesticide,
insecticide and herbicide application and residuals; fuel and chemical storage; impacts to surface water and impacts
to jurisdictional wetlands. Licensee shall not permit the application of any fertilizer, soil enhancement, herbicide
control or product on the Premises without the prior express written approval of the Licensor.
17. The Licensee shall have no right to hunt the premises. The Licensee shall obtain the written permission of the
Licensor prior to implementing any action to control a nuisance or pest found within the premises.
IN WITNESS WEREOF, the Licensor and Licensee have caused these presents to be duly executed in their name
the date first above written.
SIGNATURE PAGE FOLLOWS
3
Attest:
LCA�--� 041ct
Cynthia Porter, City Clerk
Date: 1, 2-- c L °-c Sj
For the use and reliance of City of Sanford
only. Approved as toed legal
suffici�cy.
William L. Colbert, City Attorney
ATTEST /WITNESSES
(Corporate Seal)
r
f,
Witness
Ij
J
Printed Name
Witness
Printed Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
LICENSOR
City of Sanford, Florida
By: t
Jeff Triplett, Mayor
LICENSEE
Corporate Name:
By:
Printed Name: w 4zey X o r
Title:
ACKNOWLEDGEMENT
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths
and take acknowledgments, personally appeared M teL45 p 4111 A d 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 fL. identification.
WITNESS my hand and official seal in the County and State last aforesaid this dday of
VjWf jo p �, 2014.
Site 10- Draft Legal for Premises " Exhibit A, "
The Southeast 1/4 of the Southeast 1/4 of Section 1,
and
Government Lots 1 and 2 and the East 1/2 of the Southeast 1/4 of Section 12,
and
Government Lots 1, 2 and 3 of Section 13,
Less and except all designated conservation easement areas
All being within Township 20 South, Range 31 East, Seminole County, Florida
F, D,
All of the West 112 of the Southwest 1/4 South of State Road No. 46 (less the West 20
feet thereof which was deeded to Seminole County, Florida for road purposes in that
certain Deed dated April 18, 1923, recorded in Deed Book 28 at Page 26 of the
Public Records of Seminole County, Florida, of Section 6,
and
All of the North 314 South of State Road No. 46 and the West 3/4 of the South 114 ( less
the Northeast 1/4 and the East 1/z of the Southeast 1/4 lying South of State Road No.
46 ), of Section 7,
and
The Northeast 114 of the Northeast 114 and the West 3/4 of the North 112 and the
Southeast Y4 of the Northeast 114 (less the South 14 chains of the East 5 chains) and
the South 1/2 Oess the East 114 of the South 1/2 ) of Section 18,
and
The North 112 of the Northeast 1/4 (less the East 1/4 of the North 112 of the North 1/4) of
Section 19,
Less and except all designated conservation easement areas
All being within Township 20 South, Range 32 East, Seminole County, Florida.
�.
Site 10 - Sketch
E _ License of Cattle Grazing_ _
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