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2426 Parking Lease Agreement/COS - Vision Assets LLCAb GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLE CFN# 2022070639 Bk:10260 Pg:939-946(8Pgs) REC: 06/16/2022 10:47:01 AM by mjenkins RECORDING FEES $69.50 Prepared by: David W. Hall, Esquire Stenstrom, McIntosh. et al. 300 International Parkway, Suite 100 Lake !glary. Florida 32746 Telephone 407-322-2171 Return to, Traci Houchin, MMC, FCRM. City Clerk, City of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 Tax Parcel Identification Number: 3 0-19-31-515-05 00-0020 VISION ASSETS, LLC / CITY OF SANFORD PARKING LEASE AND AGREEMENT THIS PARKING LEASE AND AGREEMENT (Lease) is entered into by and between VISION ASSETS, LLC, a Florida limited liability company, whose principal address and mailing address is 305 E. 4'h St, Unit 101, Sanford, Florida 32771 (hereinafter referred to as "Landlord"), and the City of Sanford, a Florida municipal corporation, whose address is 300 North Park Avenue, Sanford, Florida 32771, (hereinafter referred to as the "City") as Lessee. WITNESSETH: SECTION 1. PREMISES. Subject to the terms hereof, zoning and restrictions of record, and in consideration of the mutual benefits and obligations set forth hereafter, the receipt and sufficiency of which is hereby acknowledged, Landlord leases to the City and the City leases from Landlord the real property located in Seminole County, Florida, more particularly described as follows (the "Premises"): Lot 2 1 the East ''/z of vacated alley on East. Block 5, Chapman I- Tuckers Addition to Sanford according to the Plat thereof, as recorded in Plat Book L Page 24, Public Records of Seminole County, Florida, The address of the Premises is 407 E. 3rd St, Sanford, FL. 32771. SECTION 2. TERM. This Lease shall be for a term of two (2) years commencing on guns 202� and expiring at nnidnight on �i//I� 13 , 202_f, however if the parties agree in writing, this Lease shall not terminate at the expiration of the current term, but the term shall be extended for a series of 30-day additional terms under the terms hereof, provided that 1IPage wL either party may notice the other in writing that this Lease will terminate at the end of the then — current term. SECTION 3. RENT. The City shall pay as rent to Landlord during the term of this Lease the sum of Three Hundred Dollars ($300.00) per month during the tern-i hereof. SECTION 4. USES. (a) The City shall use and occupy the Premises for purposes of grassed parking by the City or those which the City determines to compliment and harmonize with the City's parking as permitted by the City. The City shall have the right to design and construct the parking lot at its sole cost and expense but shall provide Landlord with all designs for Landlords approval, which shall not be unreasonably withheld. The City shall be responsible, at its own expense, for ensuring its use of the Premises including reasonable liability coverage for person and property damage and the City shall be responsible for costs of lighting and maintaining the Premises. (b) The City shall be responsible for any and all requirements relating to permitting, drainage, grading, or the like on the Premises for any unprovements made by the City or use by the City. Landlord shall not be liable for any fees, fines and/or penalties that arise out of result of the City's use of the Premises, even if such requirement, fee, fine and/or penalty arises subsequent to the City's use if it directly relates to the City's prior use of the Premises. SECTION 5. QUIET ENJOYMENT. Provided City has performed all of its obligations hereunder, City shall peaceably and quietly hold and enjoy the Premises for the Tern, without hindrance from Landlord or any party claiming by, through, or under Landlord, but not otherwise, subject to the terms and conditions of this Lease. SECTION 6. REDELTVERY. The City covenants that at the termination of this Lease, whether by expiration, default or otherwise, the City shall promptly redeliver the Premises to Landlord. SECTION 7. INDEMNIFICATION/LIABILITY/LOSS. The City shall indemnify, d efend and save the Land lord 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, reasonable attorney's fees, costs and expenses for the defense thereof, arising from the City's negligence on or about the Premises or the City's negligent use of the Premises. 2 P a .g. c SECTION 8. DEFAULT. Landlord, at its option, may terminate this Lease on ninety (90) days' written notice to the City: (i) if the City fails to pay rent when the same becomes due and such failure to pay continues for a period of ten (10) days after receipt of notice of non-payment of rent is received by the City from Landlord; or (ii) if the City shall have failed to cure a default in the performance of any other provision of this Lease or any rule or regulation set forth herein within sixty (60) days after written notice thereof to the City from Landlord, provided however, in the event such default cannot be completely cured in such time, so long as the City commences to cure the default and diligently pursues the curing of the default, in good faith, the City shall be deemed to have timely cured the default. SECTION 9. 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 10. WAIVER. No act of a party shall be deemed a waiver of any of theparty'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 11. NOTICES. All notices or other communication required or permitted to be given pursuant to this Lease 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: Norton N. Bonaparte, Jr., ICMA-CM City Manager City of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 3 1 P a g e With a copy to: William L. Colbert, City Attorney Stenstrom, McIntosh, Colbert & Whigham, P.A. 300 International Parkway, Suite 100 Lake Mary, Florida 32746 For The Landlord: Vision Assets, LLC Attn: Jason Turner 305 E. 411, St, Unit 101 Sanford, Florida 32771 SECTION 12. CONSTRUCTION. Whenever the context permits or requires, the use of the singular in this Lease 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 all genders. Any reference herein to a person shall include trusts, partnerships, corporations, and other entity, as appropriate. SECTION 13. CAPTIONS. The captions to the provisions of this Lease are for convenience and reference only and in no way define, limit or describe the scope or intent of this Lease nor in any way effect the substance of this Lease. SECTION 14. APPLICABLE LAWNENUE. This Lease 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 15. PARTIES BOUND. This Lease 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 Lease shall terminate upon such conveyance or disposal and the giving of written notice thereof to the City. SECTION 16. EFFECTIVE DATE. The parties agree that the Effective Date of this Lease shall be J Una- g d;' 2 even though this Lease may have different dates of execution by the City and Landlord. [signatures on following page] 41Page. IN WITNESS WHEREOF, theparties hereto have executed and delivered this'l on the days and year indicated below and the signatories below hereby represent full authority to execute this uistrument and to bind the parties set forth herein. fl . iJTJ;7 WITNESSE VIS N A I Li i 'ty of Jason D te: Name: i Cn r 11�i S Z ATTEST: CITY By:'IG�IY���L� Traci Houchin, MMC, FORM, City Cler �,4"^;:n {� o( date -:- Approved as to form and legal s ciency By: ' r: Wiffiain L. Colbert, City AttorneyI;�� ACKNOWLEDGMENT STATE OF FLORIDA COUNTY OF C C,. nc they have a Florida Limited This instrument was worn to and subscribed before me by means of ❑ physical presence or ❑ online notarization, thi "V-. day of �^jl),e, , 2022, by Jason Turner, as Manage of Vision Assets, LLC, a Florida limited liability company. He is personally known to me or produced i�c'�f j5 Lie. r. ' fit' - �''"7 _17,A as identification. t (Signature of Notary Public) Notary Public, tate of.Flori a 01,pYP"� PAMELAROBINSON Print Name: G'4'V`2�;— 'Ylrk�► +: MY COMMISSION # HH 024847 Connmission No.: Pr 0 4 'a• off: EXPIRES: July 28, 2024 �'F"" °� Bonded Thm Notary Public 2024 titers My Commission Expires: OF FL, 5 1 P a g e �raFoen CITY OF SkNFORD Fsc �sFLORIDA CITY COMMISSION MEMORANDUM 22.148.K JUNE 13, 2022 AGENDA W S _ RM X Item No. �Jc To: Honorable Mayor and Members of the City Commission PREPARED BY: Craig M. Radzak, Assistant City Manager SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City SUBJECT: Parking Lease Agreement with Vision STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: A parking lease agreement between Vision Assets, LLC and the City has been prepared for the City Commission's approval. FISCAL/STAFFING STATEMENT: The City shall pay the landlord rent in the amount of $300 per month, and the agreement requires the City to be responsible for costs of lighting and maintaining the premises. BACKGROUND: With the increased activity in the downtown area, parking has become challenging. Patrons of the downtown area have chosen to park on private property and certain property owners have had vehicles towed as a result. To provide more parking to the visitors of the City, staff is continually evaluating parking options and opportunities and has sought after the attached parking lease agreement for a parcel located in the area of Sanford Avenue and 3ra Street. The lease has a commencement date of June 13, 2022 expiring June 13, 2024; however, if the parties agree in writing, this Lease shall not terminate at the expiration of the current term, but the term shall be extended for a series of 30-day additional terms. The manager of Vision Assets, LLC is Jason S. Turner. LEGAL REVIEW: The Assistant City Attorney has prepared the parking lease agreement and has no legal objection. RECOMMENDATION: City staff recommends that the City Commission approve the parking lease agreement between Vision Assets, LLC and the City. SUGGESTED MOTION: "I move to approve the parking lease agreement, as proposed." Attachments: (1). Parking lease agreement between Vision Assets, LLC and the City. (2). Map depicting parcel leased.