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2439 Caldwell/Marshall/COS - Parking Lease AgreementPrepared by: David W. Hall, Esquire Stenstrom, McIntosh, et al. 300 International Parkway, Suite 100 Lake Mary, Florida 32746 Telephone 407-322-2171 Return to; Traci Houchin, MMC, FCRM. City ClerkCity of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 \�1 Tax Parcel Identification Number: 30-19-31-515-0800-0030 �m tptr 131.13KV�0,)9 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2022107848 Bk:10319 Pg:1886-1893(8Pgs) REC: 09/21/2022 12:06:18 PM by cjones RECORDING FEES $69.50 CALDWELL/MARSHALL / CITY OF SANFORD PARKING LEASE AGREEMENT THIS LEASE AND AGREEMENT ("Lease") shall become effective on the date it is fully executed by the parties, to wit: Velverly Caldwell, Franklin D. Caldwell and Allene C. Marshall, as tenants in common, whose address is 119 Bedford Street, Rochester, New York 14609-4125, (hereinafter collectively 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"). 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 3 BLK 8 CHAPMAN + TUCKERS ADD PB 1 PG 24 SECTION 2. TERM. This Lease shall be for a term commencing on June 13, 2022 and expiring at midnight on 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 11 Page of 30 -day additional terms under the terms hereof, provided that 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 to Landlord, during the term of this Lease, rent in following manner: Three Hundred Dollars and no/l00 ($300.00) per month (hereinafter referred to as the "Rent") and shall be due and payable on the 13`1' day of each month. Rent shall be made payable to: Velverly Caldwell, Franklin D. Caldwell and Allene C. Marshall and sent to: 119 Bedford Street, Rochester, New York 14609-4125. 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 Landlord 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 5. QUIET ENJOYMENT. Upon paying the Rent and performing all other covenants and obligations under this Lease, the City shall hold the Premises free from disturbance. 2 ' Page SECTION 6. 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 7. 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. SECTION 8. DEFAULT. Landlord, at its option, may terminate this Lease on ninety (90) days' written notice to the City if: (i) any Rent due hereunder is not paid when due; or (ii) the Premises are used for some purpose other than the use authorized herein; or (iii) 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 ten (10) days after written notice thereof to the City from Landlord, or, 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 the party'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 __ _ _ 3 I Page 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 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: Velverly Caldwell, Franklin D. Caldwell, and Allene C. Marshall 119 Bedford Street Rochester, New York 14609-4125 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 4 lPage 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 LAWIVENUE. 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/PAYMENT OF RETROACTIVE RENT. The parties agree that this Lease shall be effective as of June 3, 2022, notwithstanding that this Lease was signed at a later date. Upon the full execution of this Lease, the City shall pay rent to Landlord retroactively to June 13. 2022. SECTION 17. COUNTERPART EXECUTION. This Lease -may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute the same Lease. 51 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. WI NESSES: Name: / Name• (1 , Name: �1 Name: LANDLORD Velverly C1 al Dell Date: L�G�Cr,�'� Allene C. Marshall Date:_-�j� U _ � � G ACKNOWLEDGMENT STATE OF I&J COUNTY OF This instrument was sworn to and subscribed before me by means of )(physical presence or ❑ online notarization, this day of U( _, 2022, by Velverly Caldwell and Allene C. Marshall, as tenants in common. They � are personally known to me or [_] produced as identification. C- I:n C DUNCAN E. MC ELROYE (Signature of Notary Public) Notary Nota Public State of � thO Yank �` Notary Public, State of New York � �. Monroe County, No.01MC6221162 Print Name: Commission Expires 4/26/2026 Commission No.: (il MC2�I {a Z My Commission Expires: DUNCAN E. MC ELROYE 61 D a g c Notary Public, State of New York Monroe County, No. 01 MC6221162 Commission Expires 4/26/2' WITNESSES: LANDLORD Name: ✓ W'; ul�� Franklin D. Caldwell Date: Name: ACKNOWLEDGMENT STATE OF U � K +� COUNTY OF /I/2vpvrf' �r�s This instrument was sworn to and subscribed before me by means of physical presence or ❑ online notarization, this % -7 day of 6 u Iq44- , 2022, by Franklin D. Caldwell, as tenant in common. He W is personally known to me or [,] produced KMI JarrattWC of %ji inia4858 30.2024 as identification. (Signature of Notary Publicy Notary Public State of Flora 4 Print Name: Commission No.: My Commission Expires:_ 7 1 P a ATTEST: By: LG'1 tf�� r' PQ Traci Houchin, MMC, FCRM, City Cle �-�UO Approved as to form and legal By: zz�� ' William L. Colbert, City Attorney CITY OF SANFORD By:_ t Wo DTate', Mayor / 81 Page