2427 Parking Lease Agreement/COS - Sanford Ave LLCGRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2022071824 Bk:10262 Pg:619-626(8Pgs)
REC: 06/20/2022 12:20:05 PM by cjones
RECORDING FEES $69.50
Prepared by:
David W. Hall.. Esquire lqal
Stenstrom. McIntosh, et al.
t 300 International Parkway. Suite 100
Lake Marv, 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 Numbers:
30-19-31-515-0500-0010
30-19-31-515-0500-0030
30-19-31-515-0800-0010
30-19-31-515-0800-0040
30-19-31-515-0400-0020
SANFORD AVENUE, LLC and SANFORD AVENUE, II, LLC / CITY OF SANFORD
PARKING LEASE AND AGREEMENT
THIS PARKING LEASE AND AGREEMENT (Lease) is entered into by and between
SANFORD AVENUE, LLC and SANFORD AVENUE II, LLC, a Florida limited liability
company, whose principal address and mailing address is 113 Overoaks Place, 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 1 & 3, Block 5, AND Lots 1. 2, and 4. Block 8, AND Lots 2 &. 3, Block
4. together with the East 'h of vacated alley adjacent to said Lot 1, Block 8,
all in Chapman + Tuckers Addition to Sanford according to the Plat thereof..
as recorded in Plat Book 1, Page 24 and Plat Book 3, Page 55, Public
Records of Seminole County, Florida,
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The address of the Premises is 301 Sanford Ave, 215 Sanford Ave & 304
Cypress Ave, Sanford, FL. 32771.
SECTION 2. TERM. This Lease shall be for a term commencing , 202 and
expiring at midnight on Joe 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 under the terms hereof, provided that either parry 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 Two Thousand Dollars ($2,249.00) per month, subject to a credit to be received by City
for the demolition by the City of a building presently existing on a portion of the Premises (as
described in Section 4 below and in a separate agreement between the City and Landlord entitled
City of Sanford License and Release Consensual Order of Condemnation/Demolition 215 Sanford
Avenue). As a result of such credit, the City shall not be required to pay any rent for the Premises
from the beginning of the Lease Term through January 31, 2023; Beginning January 1, 2023, rent
shall be due and payable on or before the I" day of each month during the balance of the term
hereof.
SECTION 4. DEMOLITION OF EXISTING BUILDING ON 215 SANFORD
AVENUE. Presently, there is a building existing on a portion of the Premises identified as 215
Sanford Ave. The City and Landlord have agreed that the City will demolish and remove such
building, at the City's sole cost and expense, pursuant to the terms of a separate agreement between
the City and Landlord (City of Sanford License and Release Consensual Order of
Condemnation/Demolition 215 Sanford Avenue). In consideration for the demolition and removal
of such building by the City, the Landlord has agreed that the City shall not be required to pay any
rent for the Premises until January 1, 2023, at which time the City shall commence paying the Rent
specified in Section 3 above.
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SECTION 5. 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 improvements 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 6. QUIET ENJOYMENT. Provided City has performed all of its obligations
hereunder, City shall peaceably and quietly hold and enjoy the Premises for the Term, without
hindrance from Landlord or any party claiming by, though, or under Landlord, but not otherwise,
subject to the terms and conditions of this Lease.
SECTION 7. REDELIVERY. 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 8. 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, 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.
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SECTION 9. 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 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 parry's
rights hereunder, unless such waiver is specifically made in writing. A parry'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.
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SECTION 12. 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
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: Sanford Avenue, LLC
Sanford Avenue II, LLC
Attn: Bobby Duncan
113 Overoaks Place
Sanford, Florida 32771
SECTION 13. CONSTRUCTION. Whenever the context pennits 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 14. 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.
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SECTION 15. 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 16. 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 17. EFFECTIVE DATE. The parties agree that the Effective Date of this
Lease shall beJune— 13, Rog even though this Lease may have different dates of
execution by the City and Landlord.
[signatures on following page]
61 Page
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.
WITNESSES:
ot'(1,
Nam .
Name:
ATTEST:
By:',U ,k(' ALIJUL tl1 aztm b K'. r N
Traci Houchin, MMC, FCRM, City Clerk
Approved as to form and legal sufficiency.
By:
William L. Colbert, City Attorney
LANDLORD
SANFORD AVENUE, LLC AND
SANFORD AVENUE II LLC, a Florida
Limited Liability Co y
Bobby P. Duncan, Manager
Date: ':>Z -2,
CITY OF SANFORD
Date:�'�—
7 1 P a g e
ACKNOWLEDGMENT
STATE OF FLOR A
COUNTY OF
This instrun ent was sworn to and subscribed before me by means of ❑ physical presence
or ❑ online notarization, this day of , 2022, by Bobby P. Duncan, as
Manager of Sanford Avenue II, LLC, a Florida limited liability company. He is personally known
to me or " produced as identification.
.oO w4 Notary Public Stale of Florida
Beah del Cid
My Commission HH 130206
oj Extmes 05/22/2025
(Signature of Notary PoYic) '
Notary Public, State of Florida
Print Name: o 1n
Commission No.: H A
My Commission Expires:
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