1307 MOA Auto Zone73
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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
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Date
T:\Dept_forms \City Clerk Transmittal Memo - 2009.doc
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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
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STATE 0
OF
TARY PLKdk',"State of Tennessee
TENNESSEE
NOTARY j
PUBLIC
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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
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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