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.
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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.