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