HomeMy WebLinkAboutWinter Springs Holdings, Inc Temporary Public Parking Easement Agreement- 2010 11 10 . _ 111��111��i1�N��NI1�I�1��N1��1�Y�IIN1
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_ - BK 07486 Pgs 0164 - 1.71;,_Ifts)
"tL€Rte' S # 2010136467
RECORDED 11/29/2010 02,05,52 pit
Prepared EY and ltettau to. RECORDING FEES 59.50
xa&4ffnoe W.I.amrne
RECORDED BY T Wth
Winter Springy Aasistmt city Attorney
Brown,Gargaaese,Weiss&D'Agrests,P.A.
P.D.Box 2873
Orlando,Pi.32802-2$73
1
Parcel Id;26-20-30-5AR-0A00-006C
T1CWORARY PUBLIC PARKING
EASEMENT AURUM
THIS TEMPORARY PUI IC PARKIN EAS AGREEMENT ("Agreement'l,
is made and entered into this day o Gr 4.ObOA2010 by and between W 4M
SPRINGS HOLDINGS,INC.,a Delaware Coipor on authorized to conduct business in Florida
("Grantor")and the C=OF WINTER SPRINGS,a Florida municipal corporation("Grantee").
WrrNESSKM.-
WHEREAS, Grantor is the owner of certain real property in the City of Winter Springs,
Seminole County,Florida, generally located north of the McDonald's restaurant on the northeast
corner of State Road 434 and Tuskawilla Road("the Property");and
WHERRAS, the Property is located within the Winter Springs Town Center and is
currently vacant and unimproved;and
WHEREAS, the City desires to temporarily utilize a portion of the Property depicted
herein as an unpaved, stabilized parking area;and
WH]UZE,AS, the parties desire to enter into this Agreement for the purpose of granting
the Grantee a temporary public parking easement over a portion of the Property,to be occupied,
used and maintained for public Parking purposes;and
NOW, THEREFORE, in consideration of the public purpose stated herein, and the
mutualcovenants, terms, and conditions and restrictions contained herein, together with other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
X. Inco tion of Reclitals. The foregoing recitals are true and correct and aro
hereby fully incorporated herein by this reference.
2. as ant Pro er . The rel property subject to the terms and conditions of this
Agreement is identified by the Seminole County Property Tax Appraiser as Parcel Id:26-20-30-
5AR OA00-0060, and is generally located to the North and to the East of the McDonald's
restaurant located on the northeast corner of State Road 434 and Ttiskawilla Road, within the
Winter Springs Town Center,with frontage on the east side of Tuskawills Road,and is generally
Basement Agreem rut
City of Winter Springs 1 Winter springs Holdings,The.
Page I of 6
Book7486/Page164 CFN#2010136467
depicted in the shaded area on Exhibit Ki,"and legally described on"Exhibit 2",both of which
are attached hereto and fully incorporated herein by this reference C the Easement property-).
3. e ' Te on. This Agreement shall become effective upon full
execution by both parties hereto and shall become terminable at such time the Grantor is issued a
building permit to develop the Easement Property, Any such termination shall be noticed in
writing to the non-tmainating party at Ieast ton (10) days per to the effective date of the'
termination.
4. fiOnt of Easement, Grantor hereby voluntarily grants and conveys to Grantee,
subject to any previous and duly recorded easements or grants of record, a temporary public
larking easement over, through, and across the Easement Property. Said casement shall be of
the nature and character and to the extent hereinafter set forth.
5. PuMose of.Public gaWnLr Realinent. The Temporary Public Parking Easement
is granted for the express and sole purpose of allowing Grantee to occupy,use and maintain the
Easement Property for public parking purposes-
6. Rjghts and Obligations if Grantee. To accomplish the purpose stated above,
and at Grantee's sole expense,the following rights are,conveyed to Grantee by this Agreement:
(a) the right for Grantee to make the Easement Property available for public parking
purposes to serve the general public and the merchants and customers of the Winter
Springs Town Center shopping center;
(b) all other rights and privileges reasonably and custonmm-dy necessary for the safe and
efficient occupancy, use and maintenance of the Easement Property for public parking
' purposes,including reasonable access to such facilities;
J
(c) the right to take appropriate action to protect the easement rights granted hereunder
including, but not limited to,the right to evict trespassers and filo actions in a court of
competent jurisdiction.
In addition, upon termination of this Agreement, Grantee agrees to and shall promptly
restore,or cause to be restored;the surface of the Easement Property to the same condition it was
in upon execution,of this Agreement,minus reasonable wear and team. Any such restoration shall
be in a workman like manner.
7. mem n Run with the .,and. The easement granted hereunder*4 remain a
charge against the Property. Therefore, the easement shall ran with the land and be
automatically assigned by any deed or other conveyance conveying the Property, or a portion
thereof, relating to this easement, even though the conveyance makes no reference to this
easement as such.
HMMentAVMMCffd
GYty of Winter Springs/Winter Springs Holdhga,Inc.
Page 2 of 6
Book74861Page165 CFN#2010136467
8, Recordation. Upon full execution of this Agreement by moth parties hereto,
Grantee shall record this instrument in the Offdal Records of Seminole County, Florida, and
may re-record it at any time to preserve the rights of either party to this Agreement,
9 Smrc!Ln Lnmanift. Notwithstanding any other provision set forth in this
Agreement,nothing contained in this Agreement shall be construed as a waiver of the Grantee's
right to sovereign immunity under section 768.28, Florida Statutes,or other limitations imposed
on the Grantee's potential liability under state or federal law. As such, the Grantee shall not be
liable under this Agreement for punitive damages or interest for the period before judgment
Further,the Grantee shall not be liable for any claim or judgment, or portion thereof,to any one
Person for more than one hundred thousand dollars($100,000.00), or any claim or judgment, or
portion themof, which, when totaled with all other claims or judgments paid by the State or its
agencies and subdivisions arising out of the same incident or occurrence,exceeds the sum of two
hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this
Agreement.
10. W mni cation. To the extent provided by law and subject to the limitations set
forth in paragraph 9 of this Agreement, Grantee agrees to indemnify, defend and hold harmless
Grantor from and against all claims,losses,damages,personal injuries(including but not limited
to death),or liability, arising from,out of, or caused by: Grantee,its officers,employees,agents,
or oontractors, negligent or Mtentional acts, errors, omissions in the occupancy, use or
maintenance of the Property, except to the extent of negligence or wanton misconduct of the
( Grantor.
.t
The indemnification provided above shall obligate the Gmtee to defend at its own
expense or to provide for such defense,at the option of the Grantee, as the case may be, of any
and all claims of liability and all suits and actions of every name and description that may be
brought against the Grantor which may result under this Agreement.
4
11. Wt unctive Reliid The parties agree that,in the event of default,there may not be
an adequate remedy at law, and therefore, it is agreed the parties shall be entitled to seek
injuuctive relief,including a mandatoryinjunction.
12. Gg-Verning L&M andVenue. This Agreement shall be governed by the laws of
the State of Florida, Venue for all disputes shall be,properly placed in Seminole County,Florida.
The parties agree that the Agreement was consummated in Seminole County, and the site of the
easement is in Seminole County,Florida.
13. Notice. All notices, demands, requests, consents, approvals or other
communications (collectively, "Notices') required or permitted to be given hereunder or which
are given with respect to this Agreement shall be effective only if in writing and delivered by
Personal service, or delivered to an overnight courier service with guaranteed next day delivery
or mailed by registered or certified mail,return receipt requested,postage prepaid, addressed as
follows:
Basement Agmment
City of Whdw Springs/Winter SpprhW Holdings,Inc.
Page 3 of 6
Book7486/Page166 CFN#2010136467
TO GRANTOR:
Winter Springs Holdings,Inc.
900 Seventh Street NW,Suite 1020
Washington,DC 20001
TO GRANTEE:
Attn.City Manager
City of Winter Springs,Florida.
1126 W.State Road 434
Winter Springs,FL 32708
or to such other address as such party shall have specified most recently
attome far the b3' like Notice. Tlae
ys parties hereto are also hereby respectively authorized to givo any Notice
permitted under this Agreement. Any Notice given as provided herein shall be deemed received
as follows: if delivered by personal service,on the date so delivered;if delivered to an overnight
courier service, on the business day immediately following delivery to such service; and if
mailed,on the third business day after mailing.
14. Madif cation. This Agreement shall only be modified by a written instrument
executed by the parties hereto or any successor,assigns,heirs, or representatives thereto.
15. Entire A -ment. This Agreement constitutes the full and entire'agreement
between the parties hereto and supersedes any oral or written prior communications between the
parties related to the subject matter contained in this Agreement. The laws of Florida shall
+ govern this Agreement.
16. Renresenta#lons. The undersigned representatives hereby represent and
warrant that this Agreement has been dully authorized by their respective agencies and that the
undersigned representatives have the authority to execute this Agreement on behalf of their
respective agencies.
IN WITNESS WHEREOF, Grantor and Grantee have set their respective hands
on the day and year first below written,
[EXECUTION PAGES FOLLOW]
Easement Agre wow t
City of Winter Springs/Winter Springs Holdings,moo.
Pvp 4 of 6
Book7486/Page167 CFN#2010136467
IN WITNESS WHEREOF, Grantor and Grantee have set their respective hands on the
day and year first below written.
GRANTOR:
WITNESS: WINTER SPRINGS HOLDINGS, INC.
e� K
nt Name: 7 � �� •� Print Name:
Title,
Pri e. �f�n�,�✓ kinf
STATE OF
COUNTY OF
I hereby certify that the foregoing instrument was executed before me this to' "— day of
2010 by .�.�Q, -+ ,..._ . ,.a��', �o a Q''••,
of Winter Springs Holdings, Inc. 0 who is personally •' " • •. ,c
to me, or ❑ who has produced as identification.
Notary Public, State of c
Jo Ann Bowen '�•, ,
Print Name, Notary Public,District of'i oluMyCommisslon Expire 5114/12010m
My Commission expires:
TCO 358,643,655v2 073448.010200
Book74861Page168 CFN#2010136467
GRANTER:
CFFY OF WINTER SP G5,Fl
zz_
ATTEST:
Andrea �=wLt==.
�ork
e o
CITY SEAL-.
19aseaaant Agreement
City of Winter Simings!Wm por SprlAp HakUpp,Inc.
Page 6 of 6
Book74861Page169 CFN#2010136467
FOS �vlftiifl�"4
ATTACHMENT"A"
SKETCH OF DESCRIPTION
--NOT A SURVEY—
Ar
$/ . y
� s~ � q
ry
�� � "�► y, O � � \A'h LOT 3
0
,
h LOT 4
DETAIL`' / -�-
NpT 71d SCALE
LOT
1 MAGNOLIA PARK ACQUIS17ION
l PER ORB 5510, PAGES 1286-1297
_q-� S 59'55'05" E ' FONT OF
11.Op' KOINNIM
.�
AP
Ant LOT sARDAMAIMM
Q �.
A CENTRAL ANGLE / \ �
R RADIUS
L ARC LENGTH
ce CHORD BEARING
&; LOT 7 '
CHORD vae�§ W
NT NON-TANGENT LANDS DESCRIBED IN
R/W RIGHT-OF-WAY .per ORB 2803, PAGE 643
CENTERLINE YriV 19,
ARB �`�"` `��D B°�` '°� ,, Tinkle���au
SJRVEYINO SERVIINC.
6w cou nAW SROE£T. SM 2A oR ANoo. FL. 32$04
407)DLiC1�RAWN By-M. RUSSE ORDER N0.moei6 NOT TO SCALE GATE: 10/29/10 �= 202-0067'
A1ISAfM !ia 87'79
EXHIBIT
Book74861Page170 CFN#2010136467
EXHIBIT
Sheet 1
See Sketch of Description
Included as Attachment"A"
DESCREMON
That part of Lots 6 and 7 Block"A",D.R. Mitchell's Survey of the Levy Grant as recorded in Plat
Boole 1, Page 5 of the Public Records of Seminole County, Florida being more particularly
described as follows:
Commence at the Southwestern most corner of Lot 31,St.johns Landing as recorded in Plat Book
53, Pages 45 thru 49 of the aforesaid Public Records, said point being a recovered concrete
monument on the Easterly Right of Way of TUSKAWILLA ROAD (formerly Brantley Avenue) as
recorded in Official Records Book 3225, Page 1829 of said Public Records; thence run North 59'
31'3 8"West along the Westerly prolongation of the South line of said Lot 31 for a distance of 15.00
feet to the Easterly Right of Way line of said TUSKAWILLA ROAD; thence run South 30'04'55"
West along said Easterly Right of Way line for a distance of 1691.38 feet; thence departing said
Easterly Right of Way line, run South 59'55'05"East for a distance of 11.00 feet to the POINT OF
BEGINNING; said point being on the Easterly Right of Way line of TUSKAWILLA ROAD, per
Official Records Book 5510,Pages 1286 through 1297 of aforesaid Public Records;thence departing
from said right of way and continue South 59 '55'05"East along the Southerly line of the Magnolia
Park Acquisition as recorded in Official Records Book 5510, Pages 1286 through 1297 of the
aforesaid Public Records for a distance of 147.71 feet; thence departing said Southerly line and run
South 30'04' 55" West along a line being Easterly of and parallel with aforesaid TUSKAWILLA
ROAD,for a distance of 753.70 feet to a point of the Northeasterly line of those lands as described
in Official Records Book 2803,Page 643 of the aforesaid Public Records, thence run North 38'43'
16"West along said Northeasterly line For a distance of 158.43 feet to aforesaid Easterly Right of
Way line of TUSKAWILLA ROAD; thence run North 30°04'55"East along said Right of Way line
for a distance of 696.41 feet to the POINT OF BEGINNING.
Containing 2,458 Acres More or Less & being subject to any Easements, Right of Ways or
Restrictions of Record.
i Tlo-B16
This description and the accompanying sketch or sketches
Prepared by; has been prepared in accordance with the Standards set
forth in Chapter 51-17,F.A.C.,pursuant to Chapters 177
Tinklepaugh Surveying Services and 472, Florida Statutes.Unless it bears the signature
850 Courtland Street,Suite 2-A and the original raised scat of a Florida licensed surveyor
Orlando,Florida 32804 and mapper this drawing, sketch, plat or map is for
(407)262-0957 inf, ti nal p�uposes only and is not valid.
ROBERT W.MONACO,P. .M.#5980
Date: )46V0MJJEL, 1. %010
Book74861Page171 CFN#2010136467