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1307 MOA Auto Zone73 0 5 Z�8�9 UTILITY DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk R E: Document for your records The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Final Plat (original mylars) ❑ Letter of Credit ❑ Maintenance Bond ❑ Ordinance ❑ Performance Bond ❑ Resolution rc] M o A Fv A uTo 2olU E ❑ Mayor's signature Q Recording ❑ Rendering ❑ Safe keeping (Vault) El Once completed, please: ❑ Return original ❑ Return copy F�,O- yo ,>vt-._ Q�cs Special Instructions: Please advise if you have any questions regarding the above. Thank you! From 5 /v Date T:\Dept_forms \City Clerk Transmittal Memo - 2009.doc /0 0-/ I fill If 14 1111 11 11 1 1 rrf rf rr rl,� Ml � a �r i INi� MARYANN_ M11H61 - t: J. W OF C11p.:U11 t:UUKI Prepared bv Lonnie N. Groot, Esquire Stenstrom, McIntosh, Colbert, Whigham & Partlow, P.A. 1001 Heathrow Park Lane Suite 4001 Lake Mary, Florida 32746 (407) 322 -2171 Tax Parcel Identification Number: 11- 20 -30- 300 -010A -0000 Return to Richard Blake �� Utility Department City of Sanford 300 North Park Avenue Sanford, Florida 32771 5EMIWILE UUNTY BK WSW Ns 1170 - 11 %9; (Iopys) CLERK'S * 20 L 0055tj21 RECUS;I)i -ll � /l�s /2oi0 Uc_':o1:� "� F!I REI HOINU Fkt_ %.w RECUWAA) BY J I- 'Okenrath (x11) City Of Sanford/ And AutoZone Relating To Auto Zone Development Memorandum Of Agreement This Memorandum of Agreement ( "MOK) is entered into this 3c7 day of April, 2010, by and between the City of Sanford, Florida, a municipal corporation pursuant to the laws of Florida ( "City "), whose address is 300 North Park Avenue, Sanford, Florida 32771, and AutoZone Stores, Inc., a Nevada corporation, whose address is 123 S. Front St., Memphis, Tennessee 38103 ( "AutoZone "). The City and AutoZone are referred to herein as the "parties." Whereas, AutoZone, as the prospective property owner, has applied to the City for final development plan approval for a project known commonly as the "AutoZone" to be located on United States Highway 17/92 in Sanford, Florida, ( "Project "); upon the property identified by Seminole County Property Appraiser Identification Number 11 -20- 30- 300 -010A -0000 ( "Property ") which printout is part of this MOA; and Whereas, the Project site is adjacent to a well head and, accordingly, an irrigation well is not permitted as part of the Project; and Whereas, the Project is located within a City well field protection zone as described in Schedule M of the City's Land Development Code; and Whereas, the Project includes the construction of a retention pond as part of the Project's stormwater management system and requirements; and Whereas, AutoZone and the City have worked together to design the Project in a manner that minimizes the potential for adverse impacts on the well field protection zone, and the City intends to approve the Project subject to the conditions set forth in the development plan and additional conditions set forth in this MOA; and 1 I P �, Whereas, the City and AutoZone desire to set forth an understanding relating to the scope and affect of AutoZone's responsibilities in carrying forward with the Project; and Whereas, the City hereby agrees to approve the Project under, and in accordance with, the provisions and requirements of the City's Land Development Code upon the execution of this MOA, which shall be subject to the following terms and conditions. Now, Therefore, in consideration of the foregoing recitals, and for the other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by execution of this MOA, the parties agree and understand as follows: Section 1. Recitals. The above recitals are true and correct and form a material part of this MOA upon which the parties have relied. Section 2. Approved Plans. The City shall approve the development plan, which shall be prepared by AutoZone in accordance with the Project, as contemplated, and the dictates of this MOA and in accordance with, the provisions and requirements of the City's Land Development Code, which development plan shall be stamped "Approved" by the City simultaneously with the City's execution of this MOA after execution by AutoZone. All construction of the Project shall be consistent with the approved plans. Section 3. Requirements Of Development. (a). AutoZone agrees that: (1). Irrigation water can be drawn from the retention pond located on the project. (2). A sign prohibiting the use of any fertilizer, herbicide, or pesticide application in the retention pond area shall be installed by AutoZone on the fence located around retention pond which fence shall be maintained by at all times by AutoZone; provided, however, that the City shall be provided a means of access to the retention pond for the purposes of engaging in such testing and evaluation as it deems appropriate and, to that end, the City is hereby granted access to the Property and the retention pond for the purposes of protecting the public interest in accordance with the terms and conditions of this MOA. (3). A "petroleum hydrocarbons" inlet filter shall be permanently installed by AutoZone into each storm interceptor structure and the following conditions shall apply: (i). The filter shall be a "FLEXSTORM PC +" inlet filter as prepared by Tri Environmental, Inc.; or a filter of equal quality and performance as determined by the City. (ii). The storm structure and "petroleum hydrocarbons" filters shall placed on a regular maintenance schedule by AutoZone. A maintenance log and replacement manifest shall be on site at all times for review by the City's Utility Department personnel. A copy of the log and replacement manifest shall be provided to the City by AutoZone on or before January 1 of each year commencing in 2011. (b). The following activities are prohibited and unlawful on the Property on which the Project is developed and shall be responsible for all violations: (1). Any and all auto repair and maintenance services that involve, in any way, oils, hydrant fluids, coolants, cleaners or any hazardous materials, and any auto body or brake work, either by the customer or employee on the Property ( "Prohibited Activities "). Any and all activities involving potential fluid spills are prohibited and unlawful and must be performed offsite at a location on the Property at which such activities are lawful and permitted. AutoZone shall be allowed to perform limited miscellaneous customer service such as battery and wiper blade replacement including diagnostic review. The City acknowledges that it is part of AutoZone's customer service approach to provide such limited services to its customers, and AutoZone acknowledges that it has been informed by the City that the Prohibited Activities are not permitted and that it is also not permitted for AutoZone or any of its employees to encourage third parties such as paid contractors, repair services, entrepreneurs, etc. to provide such services to AutoZone's customers on the Property. AutoZone agrees to use commercially reasonable efforts, including the posting of signs, to notify and educate its customers of the existence of the Prohibited Activities and to prevent its customers from engaging in the Prohibited Activities. AutoZone shall be responsible for communicating to its employees that they shall not violate such restriction regarding the type of services that can and can't be provided, and that AutoZone's employees shall not encourage or facilitate any third parties in providing such services. AutoZone shall appropriately discipline any employees who violate such restrictions or encourage third parties to violate such restrictions. (2). Storage of any batteries and or oils (new or used) outside of the store at any time and may only occur within the store in an lawful manner as permitted. (c). Any chemical spills outside of the building located on the Property are prohibited and unlawful. (d). AutoZone shall be responsible for any and all hazardous spills on the Property and any adjacent property the spill effects at AutoZone's cost. The City and AutoZone agree that AutoZone shall not be responsible for any fines levied by the City related to any hazardous spills on the Property caused by AutoZone's customers so long as AutoZone is in compliance with the requirements of subsection (b)(1) above. 3 P { (e). AutoZone agrees to entry of all appropriate orders by the City's code enforcement orders necessary to enforce the provisions of this MOA and to the fines and assessments available to the City under such processes and procedures. (f) AutoZone shall, at AutoZone's sole cost and expense, maintain Environmental Liability insurance through an independent third -party insurer, in a form acceptable to the City, providing for cleanup of environmental accidents on the Property and liability claims for injury caused by such accidents, such insurance to afford minimum limits of One Million Dollars ($1,000,000.00). Said insurance may be in the form of a general coverage or floater policy covering these and other premises, provided that the City is named an additional insured in said policy. AutoZone hereby grants the City the right to test the retention pond on a regular basis in order to ensure that the City and the public are protected from the potential adverse impacts of environmental incidents relative to the retention pond. The insurance policy shall remain in place for at least two (2) years after AutoZone ceases business operations on the site if the Environmental Liability insurance is maintained on a "claims- made" basis (versus "occurrence- based "), and AutoZone shall require any subsequent lessee or occupant of the Property during AutoZone's ownership to comply with the requirements of this Section in accordance with the provisions of this MOA. To the fullest extent permitted by law, AutoZone shall indemnify, hold harmless, and defend the City, its agents, servants, officers, officials, and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorneys fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony arising out of or resulting from any environmental contamination to the retention pond caused by any breach by AutoZone of it covenants and agreements set forth in this MOA. All provisions of this MOA shall be read and applied in pari materia with all other provisions hereof. Violation of this MOA by AutoZone and environmental contamination to or within the retention pond are recognized by the parties to constitute irreparable harm to the City. Section 4. AutoZone's Successors And Assigns Bound. This MOA touches and concerns the Property and AutoZone's successors and assigns shall be bound by all of the terms, covenants and conditions of this MOA all of which shall inure to the benefit of the parties hereto and to their respective heirs, personal representatives, successors and assigns, and this MOA shall be recorded among the public records of Seminole County, Florida and run with and burden the Property. Section 5. Written Modification. This MOA contains the final and entire understanding between the parties hereto and neither they nor their agents, shall be bound by any terms, conditions, or representations not contained in writing. This MOA may not be modified or changed orally, but only by an agreement in writing signed by the party against whom enforcement of any such change is sought and any modification shall be recorded among the public records of Seminole County, Florida. Section 6. Counterparts /Recording. This MOA may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This MOA shall be recorded in the Official Records (Land Records) of Seminole County and shall be subject to the after acquired title doctrine. Section 7. Applicable Law. This MOA shall be governed by the laws of Florida. Venue for any claim arising from this MOA shall be in Seminole County, Florida. Section 8. Attorneys' Fees. In the event of litigation arising from the terms of this MOA, the prevailing party in such litigation, including any appeals, shall be entitled to reasonable attorneys' fees. Section 9. Interpretation. Whenever the context hereof shall so require, the singular shall include the plural, and vice versa and the male gender shall include the female and vice versa. Section 10. Severability. In case one or more of the provisions contained in this MOA shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this MOA shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Section 11. Effective Date. This MOA shall become effective upon the last of the parties execution of the said MOA. Attest and Witnesses: Signature Signature STATE OF TENNESSEE COUNTY OF SHELBY AutoZone Stores, Inc. Sig tare 72� Signature Before Me, the undersigned authority, on this Ld Nay of April, 2010, appeared James C. Griffith and Diana H. WWI —9 as Vice President and Vice President of AutoZone Stores, Inc., who are ,personally known. to me or who have produced as identification, and who did take an oath and who being by me first duly sworn on oath, depose and say that they have read the foregoing and that the statements and allegations contained herein are true and correct. Sworn To And Subscribed before me this 56�' day of April, 201 I I I I I ItI ANDp .......... �p STATE 0 OF TARY PLKdk',"State of Tennessee TENNESSEE NOTARY j PUBLIC 18y CO I III00 F D 0 Approv(;' by .0 to Legal & Business Personnel 6 (Seal) Attest: 7k' Janet Dougherty City Clerk For use and reliance of the Sanford City Commission only. Approv d as to form 5vw 0-1 i-am L. Colbert Pit Attorney gIJAl, e AJ , (moo r Acp City Of Sanford, Florida Linda hn Mayor INn0 o,.: �0 7 I E ik 4..m t �as7 1 7 8A OAOO s, 1111A7' 42 13 113A 41 A" GENERAL cel Id: 11- 20 -30- 300 -01 OA -0000 )wner: AUTOZONE (prospective) dress: PO BOX 521263 iCode: LONGWOOD FL 32752 dress: ORLANDO DR S me: istrict: S4- SANFORD- 17 -92 REDVDST Mons: Dor: 10 -VAC GENERAL - COMMERCI Taxing Authority FGtZ t. County General Fund; $164,820 Ire Schools! ` $164,820. VALUE SUMMARY City Sanford $164,820 ` VALUES 2010 $164,820 $0 Working E $164,820 Value Method ; Cost/Market .e _ _._ _. _,. .___W. __.__...... Number of Buildings __ 0 , Depreciated Bldg Value $0 _ . _._.. .___... _.. .._,_._ Depreciated EXFT Value; $0 i Land Value (Market); $164,820; Land Value Ag _ $0 Just/Market Value , $164,820' Portablity Adt j $0 Save Our Homes Adj $0 Assessed Value (SOH) ... .... _ ... ............ . _ . w __ _ ._ $164,820 ! .... Tax Estimator 2010 TAXABLE VALUE WORKING ESTIMATE Assessment Value Exempt Values Ta)i County General Fund; $164,820 $0 Schools! ` $164,820. $0 City Sanford $164,820 $0 SJWM(Saint Johns Water Management) $164,820 $0 County Bonds ` $164,820 $0 The taxable values and taxes are calculated using the current years working values and the prior years approved millage rates. SALES late Book Page Amount Vac /Imp Qualified 11987 01843 0288 $800,000 Vacant No d Sales within this DOR Code LAND 2009 VALUE SUMMARY 2009 Tax Bill Amount: $3,215 2009 Certified Taxable Value and Taxes DOES NOT INCLUDE NON -AD VALOREM ASSESSMENTS LEGAL DESCRIPTION 8 � t , L ontage Depth Land Units Unit Price Land Value 0 0 18,170 7.00 $127,190: LEG SEC 11 TWP 20S RGE 30E BEG SE COR OF NE 1/40F SE 1/4 RUN W 1248.06 FT 0 0 15,012 2.50 $37,530, N 64 1/2 DEG W 129.1 FT TO WLY RAN RD NELY ALG RD 796.34 FT TO POB RUN N 64 0 0 1.000 100.00 $100 1/2 DEG E 162.425 FT S 64 1/2 DEG E 400 FT S 25 1/2 DEG W TO BEG (LESS BEG SE c SE 1/4 RUN W 1248.06 FT N 543.18 FT N 64 1/2 W 129.1 FT TO WLY R/W RD NELY ON RUN N 64 1/2 DEG W 271 FT N 25 1/2 DEG E 92.3 FT S 64 1/2 DEG E 271 FT S 25 1/2 D BEG) hown are NOT certified values and therefore are subject to change berore being nna►►zea Tor as va►orem tax purposes. ed a homesteaded property your next years property tax will be based on Just/Market value 9 a, C