Loading...
L-92, RRFREE/Sanford Florida Construction, LLC, Parking Lot sublease agreement: SE corner Palmetto Ave & 2nd StreetRRFREE, LLC/ CITY OF SANFORD SUBLEASE AGREEMENT THIS SUBLEASE AGREEMENT (Sublease) is entered into as of�a##, 2019 (Commencement Date — the date of execution notwithstanding), between RRFREE, LLC, whose principal address is 307 East 2nd Street; Sanford, Florida 32771, and whose mailing address is 202 South Sanford Avenue, Sanford, Florida 32771, hereinafter referred to as the "Landlord" and the City of Sanford, whose address is 300 North Park Avenue; Sanford, Florida 32771, hereinafter referred to as the "City". WITNESSETH: SECTION 1. PREMISES. Subject to the terms hereof, and to zoning and restrictions of record, and in consideration of the mutual benefits and obligations set forth hereafter, Landlord leases to The City and The City leases from Landlord the Premises located in Seminole County, Florida, more particularly described as follows (the "Premises"): The real property which is the subject of the "Vacant Land Lease Agreement" between Sanford Florida Construction, LLC and RRFREE, LLC (the Landlord herein), dated April 30, 2019: Under Section 10 of the Vacant Land Lease Agreement, Sanford Florida Construction, LLC consented to RRFREE, LLC subleasing the subject property/Premises to the City for the City to develop and use as a municipal parking lot. SECTION 2. TERM. This Sublease shall be for a term commencing upon the Commencement Date and expiring September 30, 2020; provided, however, that the parties may extend this Sublease for an additional term or additional terms under such terms, conditions and provisions as may be mutually agreed upon by the parties. The parties recognize that the rights of the City under any sublease from RRFREE, LLC/Landlord shall not extend any longer than the term of the lease between RRFREE, LLC/Landlord and Sanford Florida Construction, LLC. SECTION 3. RENT. The City shall pay to Landlord, during the term of this Sublease, Rent in following manner in addition to the Landlord being allowed to use the Premise as set forth in Section 4: (a). The City will excavate an area approximately 114' X 74' and place 3 inches of asphalt millings, construct a driveway into the lot off of 2nd Street and install 20 concrete wheel stops in order to create 20 parking spaces. This construction work will constitute the Rent for the first 18 months of this Sublease. The City will accomplish all the construction work and will maintain the asphalt millings during the term of this Sublease. The City shall post the Premises as "Public Parking" which shall be available first come first serve 24 hours a day/7 days a week except for the days that the Landlord __ 1lPage has the right to use the Premises. Additionally, the City will install an appropriate and permissible fence around the perimeter of the parking lot. (b). After the 18 months of use reference in Subsection 3(a), the City shall pay the Landlord $500.00 per month as long as the lot remains public parking for use by the City consistent with the provisions of Section 2. SECTION 4. USE. The City shall use and occupy the Premises only for activities and purposes consistent with the underlying lease and such activities and purposes normally related thereto. The uses allowed under Section 5 of the Vacant Land Lease Agreement include use of the rented property by the City, as a subtenant of RRFREE, LLC/Landlord, as a municipal parking lot. Under Section 8 of the Vacant Land Lease Agreement, the City, as a subtenant of, may alter the rented property to construct a municipal parking lot. The Landlord shall be entitled to use the Premises exclusively for 5 days each year during the term of this Sublease for food truck and other special events with reasonable advance notice being provided to the City and, during which times, the parking lot would not be available for public parking. The Landlord shall be responsible for litter pick up and disposal and general minor clean up. SECTION 5. QUIET ENJOYMENT. Upon paying the Rent and performing all other covenants and obligations under this Sublease, The City shall hold the Premises free from disturbance. SECTION 6. REDELIVERY The City covenants that at the termination of this Sublease, whether by expiration, default or otherwise, The City shall promptly redeliver the Premises to Landlord. SECTION 7. INDEMNIFICATION/LIABILITY/LOSS. The City shall indemnify, defend and save the Landlord harmless, to the extent and limits of Section 768.28, Florida Statutes, from and against all claims, demands, obligations, liabilities, penalties, fines, charges, costs, and expenses, including, but not limited to, attorney's fees, costs and expenses for the defense thereof, arising from the City's negligence on or about the Premises. The Landlord shall indemnify the City for its activities relative to the Premises. SECTION 8. NO ASSIGNMENT WITHOUT CONSENT. The City shall not assign this Sublease or any of the City's rights hereunder, nor sublet the Premises or any portion thereof, without first obtaining the written consent of Landlord. All subletting must be consistent with the underlying lease. SECTION 9. DEFAULT. The Landlord, at its option, may terminate this Sublease on 90 days' notice to the City: (a) if any Rent due hereunder is not paid when due; or (b) if the Premises are used for some purpose other than the use authorized herein; or (c) if The City shall have failed to cure a default in the performance of any other provision of this Sublease or any rule or regulation set forth herein within 90 days after written notice thereof to the City from Landlord, or if such default cannot be completely 2 1 P a g e cured in such time, if the City does not promptly proceed in good faith to cure such default within said 90 days, or does not complete the curing of such default with due diligence. SECTION 10. LIENS. The City agrees to keep the Premises free and clear of any lien or encumbrance of any kind whatsoever created by the City's acts or omissions. SECTION 11. WAIVER. No act of a party shall be deemed a waiver of any of the party's rights hereunder, unless such waiver is specifically made in writing. A party's forbearance to enforce any rights hereunder or to exercise any available remedy, or to insist upon strict compliance herewith, shall not be deemed a waiver or forfeiture of such rights, remedies or strict compliance, nor shall such forbearance stop the party from exercising any available rights or remedies or from requiring strict compliance in the future. Landlord's acceptance of any late or inadequate performance including, but not limited to, late or insufficient payments of Rent, shall not constitute a waiver or forfeiture of Landlord's rights to treat such performance as an event of default to require timely and adequate performance in the future. SECTION 12. NOTICES. All notices or other communication required or permitted to be given pursuant to this Sublease shall be in writing and shall be construed as properly given if mailed by registered or certified mail with return receipt requested. It is agreed that notice so mailed shall be reasonable and effective upon the expiration of three (3) business days after its deposit. Notice given in any other manner shall be effective only if and when received by the addressee. For purposes of notice, the addresses of the parties shall be the address as follows: For The City: City Manager City of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 For The Landlord: Mr. Paul Williams RRFREE, LLC 202 South Sanford Avenue Sanford, Florida 32771 SECTION 13. CONSTRUCTION. Whenever the context permits, or requires the use of the singular in this Sublease shall include the plural and the plural shall include the singular. Any reference herein to one gender shall likewise apply to the other gender and to the neuter; and any reference herein to the neuter shall refer likewise to one or both genders. Any reference herein to a person shall include trusts, partnerships, corporations, and other entity, as appropriate. The underlying lease shall take precedence over the terms and conditions of this Sublease. 3 1 P a g e SECTION 14. CAPTIONS. The captions to the provisions of this Sublease are for convenience and reference only and in no way define, limit or describe the scope or intent of this Sublease nor in any way effect the substance of this Sublease. SECTION 15. APPLICABLE LAWIVENUE. This Sublease shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. SECTION 16. PARTIES BOUND.This Sublease shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the parties. In the event Landlord or any successor -owner of the Premises shall convey or otherwise dispose of the Premises, all liabilities and obligations of Landlord, or any successor -owner as Landlord, to The City under this Sublease shall terminate upon such conveyance or disposal and the giving of written notice thereof to The City. IN WITNESS WHEREOF, the parties hereto have executed and delivered this instrument on the days and year indicated below and the signatories below hereby represent that they have full authority to execute this instrument and to bind the parties set forth herein. F-ITRAW By: John L. f)-( e Membe7v Date: May S, 2019 A TTES T. 3MI IL&M I om (1i Rk" Traci Houchin, City Clerk, CMC, FCRM Approved as to form and l9gal William L. Colbert City Attorney RRFREE, LLC By: \, / John Wil Member Date: May CITY OF SANFORD By: Norton N. Bona art6 City Manage/ Me�!j��Vg- 0 Psi. Ty�'; , Jr,/1CMA-CM 4 1 'P- a g e Sublease Agreement with Paul Williams for the SE corner of 2"d Street and Palmetto Ave City will excavate an area approximately 114' X 74' and place asphalt millings, construct a driveway into the lot from 2nd Street, install a decorative fence between the alley to the east and between Goodwill and palace parking bumpers to create 20 parking spaces This work will constitute a lease payment for free use by the City for 18 months of first come first serve public parking 24 hours a day 7 days a week After the 18 month period the City will pay $500/month for the continued use as a public parking lot City will do all work, improve existing lighting for safety, install signage designating the lot as public parking and maintain the millings during the term used for public parking Landlord will do general minor maintenance and litter pick and will have exclusive use of the lot for a total of 5 days each year during his special events with prior notice to the City Lease may be terminated at any time with 90 day notice. If terminated prior to the initial 18 month period the Landlord will be required to pay off the remaining prorated balance of the free use period