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2521 Oceanview Sanford Condo Assoc/COS - Parking License Agreementf� I. Prepared by and return to: 66 Lonnie N. Groot, Esquire Stenstrom, McIntosh, et al. 300 International Parkway Suite 100 Lake Mary, Florida 32746 Telephone 407-322-2171 Tax Parcel Identification Number: 25-19-30-521-0000-0000 GRANT MALOY, SEMINOLE COUNTY ZCUMPTROLLER CLERKOF CI01491Bk: 0530 Pg: COURT & 042-1348(7Pg ) CFN# bb c ones REC-10131112023 12 RECORDING FEES $61 00 M Y 1 OCEANVIEW SANFORD CONDOMINIUM ASSOCIATION, INC./CITY OF SANFORD PARKING LICENSE AGREEMENT THIS LICENSE AND AGREEMENT (License) is entered into the date that this License is fully executed by the parties between Oceanview Sanford Condominium Association, Inc., a Florida corporation, whose principal address and mailing address is 1351 Bristol Park Place, Lake Mary, Florida 32746, hereinafter referred to as the "Licensor", and the City of Sanford, 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, and to zoning and restrictions of record, and in consideration of the consideration and mutual benefits and obligations set forth hereafter, the receipt and sufficiency of which is hereby acknowledged, the Licensor licenses to the City and the City licenses from the Licensor the Premises located in Seminole County, Florida, more particularly described as follows (the "Premises"): The real property was assigned Tax Parcel Identification Number 30- 19-25-19-30-521-0000-0000 by the Seminole County Property Appraiser. The Premises are shown and depicted below as the "Common Area" parking lot: 1Page. C 11 E TRACT C 4 3 BL 0245 14 107 E 9 ic 4 7 8 9 10 Z4C CG i lie W 1St St E 1st St 2 Pp -,T 4 3 2' 2 1 TR 21 2 2 1 13 15a P:as 12,170'1 14 11() -9 9 17 J7 COMMOIJAREA i -C ;�7 .;7 ' , - P [A lz: W 2Nd St 1: 2Nd St 117 6 6- 2 117 232 X05 2 7 2 2 2 '17�*Tl 21 ? ti D�2 1• 8, W 3Rd St E 3Rd St li L F-777- F 77 71 F I � 9 --," L�: 1-77 SECTION 2. LICENSE FEE. The City shall pay the Licensor the monthly fee of $4,000.00, in advance of each month's usage, for the right to use the Premises as set forth in Section 3. SECTION 3. USES. The City shall have the right to use and occupy the entire Premises for purposes of public parking for the benefit of the general public and the City 24 hours days and 7 days a week, or which the City determines to compliment and harmonize with the City's other downtown parking areas as permitted by the City. City shall be responsible at its own expense for insuring its use of the Premises including reasonable liability coverage for damages to persons and property which falls under the City's system of insurance utilizing the Florida League of Cities as its insurer. 21 Page 15, 113"S 2 3P 8 300 9 10 '17 F77�,-" t SECTION 4. TERM AND TERMINATION. The term of this License shall commence on October 1, 2023 and run from month-to-month subject to termination by either party with 30 days written notice to the other party that this License shall terminate at the end of the next succeeding month, provided, however, that, the City may terminate this License immediately if the uses permitted are no longer legally permissible on the Premises. SECTION 5. 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 compliance, nor shall such forbearance stop the party from exercising any available rights or remedies or from requiring strict compliance in the future. SECTION 6. NOTICES. All notices or other communication required or permitted to be given pursuant to this License 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 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 3 1 P a g e 300 North Park Avenue Sanford, Florida 32771 For the Licensor: Mohamed Rashad Oceanview Sanford Condominium Association, Inc. 1351 Bristol Park Place Lake Mary, Florida 32746 SECTION 7. CONSTRUCTION. Whenever the context permits, or requires the use of the singular in this License 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 8. CAPTIONS. The captions to the provisions of this License are for convenience and reference only and in no way define, limit or describe the scope or intent of this License nor in any way effect the substance of this License. SECTION 9. APPLICABLE LAWIVENUE. This License 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 10. PARTIES BOUND. This License shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the parties. IN WITNESS WHEREOF, the parties hereto have executed and delivered this License 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. 4 I Pa_ge SIGNATURE BLOCKS FOLLOW: ATTEST: By: �e'6k Signature of Witness #1 Printed Name: By: Signaturd of Witness #2 Printed Name- OCEANVIEW SANFORD CONDOMINIUM ASSOCIATION, INC. By: Z��Z721 Mor6anfecT Rashad Sole Corporate Officer ACKNOWLEDGMENT This instrument was sworn to and subscribed before me by means of V/physical presence or ❑ online notarization, this _H__ day of October, 2023, by Mohamed Rashad. He is personally known to me or L/_1 produced DETERS as U CEWIE identification. "W", SARAH SHEIBENBERGER `•1,A* Commission # HH 309737 mVExpires September 7, 2026 ATTEST. - Traci Houchin, MMC, FCRM City Clerk Approved as to form and legal s` C�JA.11liam.L. Wert/City Attorney 44*4 4Siature of ota Publ�,,) VN Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: F 0'� a7*-, CITY OF SANF ooaruli f 51 Page SkNFORD CITY OF WS _ RM X— FLORIDA Item No(c •� CITY COMMISSION MEMORANDUM 23-193.S OCTOBER 26, 2023 AGENDA ADD ON 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 Manager SUBJECT: Parking License Agreement With Oceanview Sanford Condominium Association, Inc.; Wells Fargo Bank Parking Lot; $4,000.00 Per Month STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: A parking license agreement between the Oceanview Sanford Condominium Association, Inc. and the City has been prepared for the City Commission's ratification and approval. FISCAL/STAFFING STATEMENT: The City shall pay rent to the property owner/licensor the monthly fee of $4,000 in advance for each month's usage. The property owner/licensor repaired the parking lot and demolished the structure (old Wells Fargo Bank drive through teller building) located on the premises at the property owner's/licensor's sole cost and expense. BACKGROUND: With the increased activity in the downtown area, parking has become challenging. The property owner/licensor has paused the towing vehicles parked on the premises after the demolition permit was issued for the old Wells Fargo Bank drive through teller building. To provide more parking for the visitors to the City, City staff has discussed and agreed to the terms of the parking license agreement with the property owner/licensor. The license agreement is preferred over a lease agreement by City staff and the City Attorney's office due to the various title issues with the property. The upfront, lump sum payment places public funds at risk without the City obtaining title insurance. Title insurance is a way to protect the City from financial loss and related legal expenses in the event there are deficiencies in the title to the property. The license agreement states the City shall have the right to the entire premises for public parking 24 hours a day 7 days a week. The term of the agreement can run from month-to-month subject to termination by the City immediately if the uses are no longer legally permissible. The City shall be responsible at its own expense for insuring its use of the premises including liability coverage for damages to persons and property under the City's insurance system. LEGAL REVIEW: The Assistant City Attorney has prepared the parking license agreement and has no legal objection. RECOMMENDATION: City staff recommends that the City Commission ratify and approve the parking license agreement between Oceanview Sanford Condominium Association, LLC and the City. SUGGESTED MOTION: "I move to ratify and approve the parking license agreement, as proposed." Attachment: Parking license agreement.