2375 RRFREE, LLC - Art Easement Agreement -307 E 2nd StI ni5 m5irumem: i-reparea tsy:
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
Communications Office
City Hall
300 North Park Avenue
Sanford, Florida 32771
Tax Parcel Identification Number: 25-19-30-5AG-0401-0040
CITY OF SANFORD/RRFREE, LLC ART EASEMENT AGREEMENT FOR
REFURBISHMENT AND PRESERVATION OF EXISTING MURAL
(307 E. 2NDSTREET
THIS ART EASEMENT AGREEMENT ("Easement") is made and entered into this
day of August, 2021, by and between RRFREE, LLC, a Florida limited liability
company, whose address 202 S. Sanford Avenue, Sanford, FL 32771, acting through Paul
Williams, an Authorized Member, 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".
WITNESETH:
(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 4 and the East 2 feet of Lot 5, Block 4, Tier 1, E. R. Traffords Map of
the Town of Sanford, according to the plat thereof recorded in Plat Book 1,
page 58, 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 for refurbishment and preservation of an existing mural located
on the west fagade of the building on the subject property. The wall mural is approximately
16'11" long by 55" high.
(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
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of the City and which document is incorporated herein by this reference thereto
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 the existing mural will be refurbished and preserved for display on the
subject property.
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 any time 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:
Ms. Lisa Holder, Communications Officer
Communications Office
City Hall
300 North Park Avenue
Sanford, Florida 32771
For the Grantor:
Mr. Paul Williams
RRFREE, LLC
202 S. Sanford, Avenue
Sanford, Florida 32771
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
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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:
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In Witness Whereof, the Grantor has hereunto set the Grantor's hand and seal, the
day and year first
ATTEST.-
ul
Witness # 1'
Printed Name: V1
4��, jA, -
(PLO
Witness # 2
Printed Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE )
RRFREE, LLC
13y;-PAW4,WILLIAMS, Authorized Member
Pau illia
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me by means of 0 physical
presence or El online notarization, this A6 day of August, 2021 by Paul Williams. He is
personally known to me or has produced 91?j VC -A ' as identification.
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