2374 San Leon - Mural Placement - 201 Sanford AveThis Instrument Prepared By:
Stacey R. Springer, Esquire
Stenstrom, McIntosh, Colbert, & Whigham, P.A.
300 International Parkway
Suite 100
Lake Mary, Florida 32746
Return To:
Lisa Holder, Communications Officer
City Manager's Office
City Hall
300 North Park Avenue
Sanford, Florida 32771
Tax Parcel Identification Number: 30-19-31-515-0400-0010
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-.iJHIS ART EASEMENT AGREEMENT ("Easement") is made and entered into this
.;��-day of October, 2021, by and between SAN LEON SANFORD LLC, a Florida limited
liability company, whose address 400 Lakeview Street, Orlando, Florida 32804, acting
through its manager, Daniel R. Matthews, 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 "City".
WITNESSETH:
(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 refurbishment and
preservation of an existing mural and grant this Easement:
Lot 1, Block 4, CHAPMAN AND TUCKER'S ADDITION TO SANFORD,
according to the map or plat thereof, as recorded in Plat Book 3, Page(s)
55, 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 Ordinance and will be approximately 20'
long by 18' high. The mural will be painted on the south fagade of the building on the subject
property.
(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 in
accordance with the Public Art Ordinance, which document is incorporated herein by this
reference thereto.
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NOW, THEREFORE, in consideration of the 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 follows
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 elects 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
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
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(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: For the Grantor:
Ms. Lisa Holder, Communications Officer Mr. Daniel R. Matthews
City Manager's Office, City Hall San Leon Sanford LLC
300 North Park Avenue 400 Lakeview Street
Sanford, Florida 32771 Orlando, Florida 32804
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.
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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.
In Witness Whereof, the Grantor has hereunto set the Grantor's hand and seal, the day
and year first
A TTES T.•
Witne4s # 1
Primp d'(dame: Jen Barr
Witness# 2 1
Printed Name: ilQrse W, 77 6`c, WS
STATE OF FLORIDA
COUNTY OF SEMINOLE
SAN LE SA`N_,'F> 0 R D
By:
ACKNOWLEDGMENT
. Matthews, A/lafiager
The foregoing instrument was acknowledged before me by means of [Z physical
presence or El online notarization, this 25 day of October 2021 by Daniel R. Matthews.
He is personally known to me or has produced as identification.
44
AUDREY RUDOLPH ry
State of Florida -Notary Public
Commission # GG 165451
My Commission Expires
_NOTARY,,,PUBLIC
December 10, 2021
My co,
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