1831 Parking Easement 4th & Sanford Ave. Sanford Supermarket RANT IULOY- "Si IA.HOLD COUN'FY
Prepared i)y and return to: CHU','. OF -IRCUIT COURT 1CONF"i"ROLLER
P •24-,j-257 (99'
Lonnie N. Groot, Esquire CLEWS 0 20170351.-97
Stenstrom, McIntosh, et al. ECORDED 04*�"11/2U17 N
REC'ORDII-IG HES :-7MA
1001 Heathrow Park Lane FR!'X-'ORDED DY i
fickenro
Suite 4001
Lake Mary, Florida 32746
Telephone 407-322-2171
Tax Parcel Identification Number: 30-19-31-515-0500-0040
CONDITIONAL TEMPORARY PARKING EASEMENT
GROCERY STORE SITE/SANFORD AVENUE
THIS CONDITIONAL TEMPORARY PARKING EASEMENT is made and entered
into this � day of April, 2017, by and between SANFORD SUPERMARKETS INC.,
whose address is 329 South Sanford Avenue, Sanford, Florida, 32771, 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".
WITNESS-ETH:
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
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right of the GRANTEE to access and enter, at any time (or only as set forth in a condition
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: 30-19-31-515-0500-0040
(See attached Exhibit "A" which details the parking area).
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, assume public 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 be recorded in the Public Records (Land Records) of
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Seminole County. To have and to hold said easement unto said GRANTEE and its
assigns for the period set forth herein. Together with all Common Law covenants of
record, this grant contains the covenant of further assurances. Further, this easement
shall be and constitute a public record under controlling Florida law and shall be filed and
maintained in the public records of the City of Sanford (the GRANTEE). Upon the term of
this easement running, the GRANTEE shall record a"Notice Of Termination" in the Public
Records evidencing the termination of the GRANTEE's rights as set forth herein.
Notwithstanding the foregoing, the GRANTOR and the GRANTEE may negotiate an
earlier termination of this Easement which would detail a pro-rata reimbursement by the
GRANTOR to the GRANTEE of the costs incurred by the GRANTEE in improving the
subject property.
THE FOLLOWING CONDITIONS of the easement granted herein shall be
applicable to the permitted uses by the GRANTEE as set forth herein.
GRANTEE AGREES TO:
(1). Accomplish the work described below with regard to the limits of
construction as depicted in the attached sketch ("Attachment A"):
(a). Patch all potholes.
(b). Overlay the area with 1.0 inches of hot asphalt.
(c). Install new stripping.
(d). Install new signage.
(e). Install parking bumper stops where determined to be needed by the
GRANTEE.
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(f): Accomplish miscellaneous concrete curb removal, base work and new curb
where determined to be needed by the GRANTEE.
(g). Maintain the asphalt surface and parking bumper stops during the term of
this easement.
(h). Maintain the existing light fixture and bulbs located in the center of the public
parking area during the terms of this easement.
(2). Refurbish the existing grocery store sign on the Sanford Avenue side of the
subject property including installing new blank panels on the base, repairing existing
electrical wiring and replacement of light bulbs with same as existing (sign only) and
replacement and installation of new plastic panels in top portion of sign. (This will be a
one-time repair/replace and will be accomplished during construction and in cooperation
with the GRANTOR.)
(3). Sign and designate those parking stalls adjacent to the Grocery Store as
"Grocery Store Customers Only" at all times.
GRANTOR AGREES TO:
(1). Allow the GRANTEE and the general public use of the parking lot as
depicted in "Attachment A" 7 days a week from 5:00 p.m. until 3:00 a.m.; provided,
however, that, at the GRANTOR's sole discretion, public use of the parking lot during the
July 4 Celebration may be suspended; provided, further, however, that, during June, 2017
the parties will meet and evaluate the 5:00 p.m. start time and determine if that time
requires being moved to 6:00 p.m. in order to address the needs of the grocery store
business located on the above-described real estate and, if the conclusion is reached that
the time should be moved, the GRANTOR and GRANTEE will execute a Memorandum
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of Understanding in recordable form which shall be recorded and move the 5:00 p.m. start
time to 6:00 p.m. effective July 1, 2017.
(2). Maintain and/or replace all plants and shrubs in landscaped areas.
(3). Perform routine maintenance in the designated area including, but not
limited to, litter pickup and sweeping of the area as needed.
(4). Maintain all signage and all stripping.
IN CONSIDERATION OF the in-kind services being provided by the GRANTEE
for reconstruction of the existing parking lot, this easement shall remain in effect until
December 31, 2025.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the
day and year first above written.
SIGNATURE BLOCKS FOLLOW:
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Signed, Sealed and Delivered SANFORD SUPERMARKETS INC.
In the Presence of Witnesses:
-1/
lL
Bya.
By:
Wit ss Nulm er 1 Signatur Jose . Medina
Pr*�iined name: Sole Corporate Officer
k1-4 1 6.
B . 4
Witness NuVer_2 Sigpature
<
Printed Name:
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 Jose L. Medina and
he acknowledged executing the same in the presence of two subscribing witnesses freely
and voluntarily and he is p or provided
as identification.
WITNESS my hand and official seal in the County and State last aforesaid this
day of April, 2017.
MAIN L.MOFY
Nobly pW& State of Florida
• Commission 0 so 0390133
MY Comoro.(Expires Oct 16,2020 Notary Public; State da
a,
gonded tWough Nalional Notary Assr'.Assa.
My Commission Expires:
(Affix Notary Seal)
ADDITIONAL SIGNATURE BLOCK FOLLOWS:
6
TERMS AGREED UPON BY CITY OF SANFORD
Attest:
CI TTY,OF SANFOR
Cyn is Porter ,`Jeff Triplett
City Clerk Mayor, City of fo , Florida
Approved as to form and legality-
William L. Colbert
City Attorney
71Page
City` of Sanford
Department of
planning and
Development
300 N. Park Ave.
Sanford Florida
32771
Park Avenue
Grocery
Parking
Improvements
SANFORD,FL.
CONCEPT PLAN
CONSULTANT
f PARKING
REVISIONS:
SCALE:
N DATE:
March,2017
DESIGN: COS
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