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215-Gross-Rand Mall LIC~SE FOR USE OF CITY PROPERTY AT RAND MAlL ~XIREEMENT MADE February /~ , 1985, between THE CITY OF SANFORD, FLORIDA, a Florida municipal corporation, hereinafter called the licensor, and ~ GROSS, of 202 East First Street, City of Sanford, County of Seminole, State of Florida, hereinafter called licensee. The parties agree as follows: SECTION ONE GRANT OF PERMISSION In consideration of licensee's prc~ises herein, licensor hereby gives permission, revocable and terrainable as bereinafter provided, to licensee to enter on the land of licensor described below for the purpose of using it as follows: 1) Intrusion into th~ public way of Rand Mall for approximately two (2) feet on each side of the Rand Mall for the use of support eelL~nns. These support columns necessitated to support the walls on both sides of the Rand Mall and to provide support for an overhead cross-over as shown on the August 27, 1984, plans (copy attached as Exhibit "A") . 2) TO utilize the air rights over Rand Mall to construct a cross-over of the Mall frcm one building to the other on each side of the Mall at the second story level; leaving a min~ clearance of 13½ feet beneath said cross-over. SECTION TWO DESCRIPTION OF PROPERTY The property of licensor that licensee is heraby permitted to enter is described as follows: that portion of Rand Mall lying North of First Street and South of the East-West alley between Perk Avenue and Palmetto Avenue in Sanford, Florida. SECTION THREE NO MDNETARY CONSIDERATION This pezmission is given to licensee as an acconr~x~ation to licensee and it shall be rent free. Licensee hereby acknowledged the title of licensor to the above described premises and agrees never to assail, resist, or deny such title. SECTION FOUR PERMISSION NOT EXCLUSIVE This permission is not exclusive to licensee and licensea shall have the privilege hereunder only of occupying such portion of the above described premises as designated above. SECTION FIVE NO OBSTRUCTION IN AT.Y.RY OR MALL Licensee shall not intrude into or obstruct the East-West alley referred to in Section Two and it shall remain open for service access to property abutting said alley at all times. In addition Rand Mall shall remain open to public pedestrian traffic at all times and licensee shall keep said mall free of any obstruction or hazard which would impede or endanger public pedestrian traffic. SECTION SIX FIRE PRCYIECTION Licensee shall cemply with all rules end regulations whether federal, state, county or municipal relating to the occupency end use of premises, end shall take all reasonable precautions to prevent or suppress fires thereon. SECTION SEVEN IND~I~NIFICATION Licensee shall exercise his privileges hereunder at his own risk, and, irrespective of any negligence of licensor, licensee shall indemnify licensor against all liability for damages, costs, losses, end expanses resulting frcm, arising out of, or in any way connected with, tb~ occupation or use of the premises by licensee, or the licensees, invitees, or guests of licensee, or the failure on the part of licansee to perform fully all end singulary licensee's promises herin. Licansor shall not be liable to licensee if for eny reason whatever licensee's occupation or use of the premises hereunder shall be hindered or disturbed. SECTION EIGHT TAXES; LIENS Licansee shall pay all taxes end assessments that my be imposed or levied on the property of licensee or enyone claiming under licensee on the premises and shall keep the premises free end clear of eny mechanics' or materialmen's liens for labor performed or materials furnished at the Lnste~nce or request of licensee or aunyone claiming under licensee. Licensee shall pay for all utility and other services furnished to or for licensee on the premises. SECTION NINE PRIVILF. GE NOT ASSIGNABLE Licansee's privileges hereunder shall not be assignable by licensee in whole or in part. SECTION TEN 'lEFt/NATION Either party may terminate this agreement at eny time, without regard to payment periods by giving written notice to the other, specifying the date of te~nination, such notice to be given not less than 180 days prior to the date therein specified. Should the premises, or any essantial part thereof, be totally destroyed by fire or other casualty, this agreement shall immediately terminate; ahnd in the case of partial destruction, this agreement may be terminated by either party by giving written notice to the other, specifying the date of terminations, such notice to be given within 90 days following such partial destruction and not less than 30 days prior to the termination date therein specified. If licensee shall make an assignment for the benefit of creditors, or be placed in receivership or adjudicated a bankrupt, or take advantage of eny bankruptcy or insolvency law, licansor may terminate this agreement by giving written notice to the licensee, specifying the date of termination, such notice to be givan not less than 30 days prior to the date therein specified. -2- SECTION RLRVEN NOTICE Any notice to licensee hereunder shall be sufficient if served on licensee personally or posted on the premises, end if so posted shall be demmsd served on the date of posting or mailed to licensee directed to his last known address, and if so mailed in the State of Florida shall be deemed served on the business day next foll~ing the day of mailing. SECTION TWELVE P~OVAL OF PROPERTY On revocation, surrender or other termination of the ~_rmission hereby given, licensee shall quietly and peaceably surrender the portion of the premises occupied by licensee in as good condition as same were at the time of licensee's entry thereon hereunder and shall renove all fixtures, equipment, and other things placed by licensee on the premises hereunder, and if licensee shall fail to do so, licensor shall have the right to make such removal at licensee's expense, the amount of which expense licansee shall pay to licensor on demand, and, if licenser shall so elect, it shall have the right to take possession of and appropriate to itself without payment therefor any property of licensee, or anyone claiming under it, then remaining on the premises. SECTION THIRIi'~i~N WR1TI'EN AGREEMEqT AS ~qTIRE UNDERSTANDIlqG OF PARTIES The making, execution and delivery of this agre~nt by licensee has been induced by no representations, statements~ warranties, or agreements other than those herein expressed. This agre~nent embodies the entire understanding of the parties and there are no further or other agreements or understaD~ings, written or oral, in effect between the parties, relating to the subject matter hereof. This instrLmBnt may be amended or modified only by an inset of equal formality signed by the respective parties. SECTION FOURTEI~q TLME IS OF THE ESSENCE Time is of the essence of the provisions hereof. IN WITNESS WHEREOF, the parties hereto have executed this license agreement at Sanford, Florida, the day end year first above written.