2226 City of Sanford/Belair Investors Agreement for Mural Placement (900 E Airport Blvd)GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN#2020054463 Bk:9610Page:469-473(5Pgs)
REC: 05/27/2020 1:41:33 PM byjeckenroth
RECORDING FEES $44.00
This Instrument Prepared By:
Lonnie N. Groot, Esquire
Stenstrom, McIntosh, Colbert, &Whigham, P.A.
300 International Parkway
Suite 100
Lake Mary, Florida 32746
Return To:
Sabreena Colbert, Planner
Planning and Development Services Department
City Hall
300 North Park Avenue
Sanford, Florida 32771
Tax Parcel Identification Number: 01-20-30-519-0400-0080.
CITY OF SANFORD/BELAIR INVESTORS LLC ART EASEMENT AGREEMENT FOR
PLACEMENT OF A MURAL (900 EAST AIRPORT BOULEVARD)
THIS ART EASEMENT AGREEMENT ("Easement") is made and entered into this
day of M&� , 2020, by and between Belair Investors LLC, a Florida limited liability
company, whose address 315 East Robinson Street, Suite 600, Orlando, Florida 32801-
1912, acting through Sora Capital Partners, LLC, a Florida limited liability company, its sole
manager, acting through Kenneth Polsinelli, its sole manager, hereinafter referred to as the
"Grantor", and the City of Sanford, a municipality of the State of Florida, whose address is
City Hall, 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as the
ticity".
W1 T N E S E T H:
(1). The City has adopted a program for the placement of murals of public artwork
on public and private locations (where the City has obtained a legal interest) throughout the
City which murals shall constitute public speech.
(2). The Grantor owns the property legally described as follows ("subject property")
and is willing to make the subject property available to the City for the placement of a mural
and grant this Easement:
Lots 8, 9, 10, 11 and 12, Block 4, (less the south 8 feet for road right-of-
way), as set forth in the plat of the ROSALIND HEIGHTS, SANFORD,
FLORIDA subdivision as recorded at Plat Book 3, Page 47 of the Public
Records of Seminole County, Florida.
(3). The mural will be developed in a collaborative manner between the City and
the Grantor in accordance with the City's Public Art Commission (PAC) Development Order
issuing an approval of a mural to be located on the east end -cap wall at BelAir Apartments
which apartments are developed on the subject property. The east end -cap wall measures
approximately 37.8' in length and the mural height will be 18'. The entirety of the end -cap
wall will be painted and the mural will be 680 square feet in total size.
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(4). The mural will be City property owned and controlled by the City, be public
speech and constitute part of its public art collection and, moreover, shall be regulated as
set forth herein and as set forth in the PAC Development Order which is filed in the records
of the City and which document is incorporated herein by this reference thereto.
NOW, THEREFORE, in consideration of foregoing and the mutual promises and
performances set forth herein above and below, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties agree as follow and
the Grantor conveys, grants and warrants to the City, its successors and assigns, this
Easement for the purpose of installing, maintaining, operating and exhibiting the mural on
the subject property as approved by the City:
Section 1. Plan Of Action. The City and the Grantor agree to collaborate on a plan
of action whereby a mural will be developed for display on the subject property. The City and
the Grantor shall meet, as necessary, to develop and finalize the content of the mural which
may include no greater than 5% of the total square footage area as a commercial message
for identification of the subject property and the apartment use thereof.
Section 2. Term of Easement. This Easement shall be for a period of 1 year from
the date of execution. Unless terminated as provided in Section 3, this grant of Easement
shall automatically renew thereafter and shall remain in full force and effect unless and until
terminated.
Section 3. Termination.
(a). At the expiration of the term of this Easement, the Grantor expressly agrees
and warrants that upon expiration, the mural shall be removed at the Grantor's expense and
the wall restored to its prior condition. Such removal shall occur within 60 days of its
termination, unless this period is extended in writing by the City, and shall be removed within
the same number of days from the expiration of an extension at the Grantor's expense.
(b). Notwithstanding the foregoing, this Easement may be terminated by the City
upon delivery of a letter of termination to the Grantor providing for a period of 90 days for the
mural to be removed. Should the Grantor fail to substantially perform the Grantor's
obligations under Section 4 and the City elect to exercise this right of termination, the Grantor
shall pay the costs of removal to the City.
(c). During the term of this Easement, or at anytime thereafter, this Easement may
be terminated by the Grantor with the City's consent in writing upon the Grantor's showing
of any of the following:
(1). That the subject property is to be sold and the buyer requires removal
of this Easement as a condition of the purchase and sale; or
(2). That the subject property is to be refinanced and the lender requires
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removal of this Easement as a condition of the refinancing; or
(3). That the subject property is to be substantially remodeled or altered in
a way that precludes continued maintenance of the mural; or
(4). That circumstances have materially changed and the continued
existence of this Easement or maintenance of the mural substantially impedes
Grantor's reasonable use and enjoyment of the subject property.
(d) The City shall not unreasonably withhold consent to termination upon the
Grantor's satisfactory demonstration of any of the foregoing conditions of termination.
Section 4. Maintenance and Removal of Mural. The Grantor is, and shall be,
responsible for the maintenance and, if necessary, repair, of the mural during the existence
of this Easement. The City may, however, remove the mural from the subject property, if in
the sole judgment of the City, the mural is being excessively damaged or not maintained or
the City may, on its own accord, maintain the mural; provided, however, that such action
shall not result in a continuing obligation of the City to continue maintenance.
Section 5. Right of Entry. The City shall have the right to enter the subject property
during normal business hours and at all other times that the City deems necessary or
appropriate with advance approval of the Grantor, for any and all of the purposes described
in this Easement.
Section 6. Binding Effect. The Easement granted herein shall run with the land
and be binding upon and inure to the benefit of the Grantor and the City and their
representatives successors or assigns, and any person or entity acquiring any right, title or
interest in the subject property.
Section 7. Contractual Relationships and Assignment. This Easement does not
constitute either party as the agent or legal representative of the other for any purpose
whatsoever. The parties are not granted any express or implied right or authority to assume
or create any obligation or responsibility on behalf of the other or to bind the other in any
manner whatsoever. The parties shall not assign this Easement without the prior written
consent of the other.
Section 8. Notices. Notice shall be made to the following address, unless otherwise
provided for in writing:
For the City:
Ms. Sabreena Colbert, Planner
Planning and Development Services Department
City Hall
300 North Park Avenue
Sanford, Florida 32771
31Page
For the Grantor:
Belair Investors LLC
315 East Robinson Street
Suite 600
Orlando, Florida 32801-1912
Section 9. Amendments. The parties expressly reserve the right to modify this
Easement, from time to time, by mutual agreement. No modification or amendment of the
provisions of this Easement shall be effective unless in writing and signed by authorized
representatives of the parties.
Section 10. Remedies. The parties acknowledge that breaches of this Easement
will cause substantial harm to the public interest which harm is difficult or impossible to prove
actual damages in an action hereunder and that the City shall have and maintain any other
and all remedies available at law or in equity. The rights under this Easement are cumulative.
The failure to exercise on any occasion any right shall not operate to forfeit the right on
another occasion. The use of one remedy shall not be taken to exclude or waive the right to
use another.
Section 11. Invalidity of Particular Provisions. Should any term, provision,
condition or other portion of this Easement or the application thereof be held to be
inoperative, invalid or unenforceable, the remainder of this Easement or the application of
the term or provision to persons or circumstances other than those to which it is held invalid
or unenforceable shall not be affected thereby and shall continue in full force and effect.
Section 12. No Waiver. No waiver of full performance by any party shall be
construed, or operate, as a waiver of any subsequent default or breach of any of the terms,
covenants or conditions of this Easement.
SIGNATURE BLOCK FOLLOWS:
_4
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In Witness Whereof, the Grantor has hereunto set the Grantor's hand and seal, the
day and year first
ATTEST. -
#1
Printed
Witness # 2 "-
Printed Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
BELAIR INVESTORS LLC
By: SORA CAPITAL PARTNERS, LLC, its
sole manager,
By: KENNETH POLSINELLI, its sole
manager.
Kenneth Polsinelli
E
ACKNOWLEDGMENT
I HEREBY CERTIFY that on this day, before me, an officer duly authorizedto--administer
oaths and take acknowledgments, personally appeared whgq s -personally
known to me or {} who produced as identification and acknow]edged
before me that s/he executed the same. Sworn and subscribed before me, by
by means of { } physical presence or { } online notarization on the \S" -day of --- – ----- ---
2020, the said person did take an oath and was first duly sworn by me, on oath, said person, further,
deposing and saying that s/he has read the foregoing and that the statements and allegations
contained herein are true and correct.
WITNESS my hand and official seal in the County and State last aforesaid this — day of
2020.
C
Notary Public; State of Florida
(Affix Notarial Sell)
Printed Nan— rt,c� �. - M
MARIA C MDUNIZ
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Notary Public - State of Florida
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Commission # GG 93f7404
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