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Ordinance 10-1934 ORDINANCE NO. 10-1934 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AUTHORIZING THE CONVEYANCE OF PARCELS 149,150 AND 511, ASSIGNMENT OF RIGHTS AND OBLIGATIONS OF CERTAIN SEGMENTS OF RIGHTS -OF -WAY AND GRANTING OF A RIGHT -OF -ENTRY TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE COMMUTER RAIL TRANSIT STATION CRT PROJECT, F.P. NO. 412994 2; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. Whereas, the State of Florida Department of Transportation ( "FDOT ") proposes to construct or improve the CRT Project, F.P. No. 412994 2 in Seminole County, Florida ( "Project "); and Whereas, it is necessary for FDOT to acquire certain property rights and a right -of -entry from the City of Longwood ( "City") to construct the Project; and Whereas, the Project is for transportation purposes and is in the best interest of the public welfare; and Whereas, the parcel numbers referenced herein as those assigned by FDOT and described on the FDOT Right of Way Map for Central Florida Commuter Rail Transit Longwood Station — Section 77000 by Florida Department of Transportation Surveying and Mapping approved by Deborah Mott on 07 -15 -2008; and Whereas, the conveyance of Parcels 149 and 150 shall be made in accordance with the Offer and Purchase Agreement and Addenda to Offer and Purchase Agreement between FDOT and the City approved by FDOT on January 21, 2010; and Whereas, FDOT has made application to the City to execute and deliver to FDOT an Assignment of Rights and Obligations concerning Parcel 860.1 in favor of FDOT for the purpose of constructing, operating, and maintaining a commuter rail station platform, and said request having been duly considered; and Whereas, FDOT has made application to the City to execute and deliver to FDOT a Quit Claim Deed concerning Parcel 511.1 in favor of FDOT for the purpose of constructing, operating, and maintaining its commuter rail station, and said request having been duly considered; and Whereas, FDOT has made application to the City to execute and deliver to FDOT a right -of -entry in favor of FDOT over portions of Myrtle Avenue for the purpose of constructing, Page 1 of 3 operating, and maintaining its commuter rail station, and said request having been duly considered; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA AS FOLLOWS: Section 1. Recitals. The above recitals are true and correct and constitute the City Commission's findings. Section 2. Conveyance. The City Commission hereby approves the conveyance of Parcel 149 and Parcel 150 to FDOT by deed in the form attached to this Ordinance and in accordance with terms and conditions of the Offer and Purchase Agreement and Addenda to Offer and Purchase Agreement between FDOT and the City approved by FDOT on January 21, 2010, and further authorizes the execution of such deeds. The City Commission hereby approves the conveyance of Parcel 511.1 to FDOT by Quit Claim Deed in the form attached to this Ordinance, and further authorizes the execution of such deed. Section 3. Assignment of Rights and Obligations. The City Commission hereby approves Assignment of Rights and Obligations of those certain portions of City right -of -way identified as Parcel 860.1 to the FDOT in the form attached to this Ordinance, and further authorizes the execution of such instruments necessary for such purpose. Section 4. Right - Entry. The City Commission hereby approves the granting of a temporary right -of -entry license to the FDOT in the form attached to this Ordinance to allow FDOT, at FDOT's expense, to enter upon portions of the Myrtle Avenue right -of -way in order to construct and improve Myrtle Avenue to support the Project, and further authorizes the execution of such instruments necessary for such purpose. Section 5. Certified Copy. Upon approval, a certified copy of this Ordinance shall be forwarded forthwith to the State of Florida Department of Transportation, Attn: Fred Loose, Chief Counsel, 719 South Woodland Blvd., Deland, Florida, 32720 -6834. Section 6. Conflicts. If any Ordinances or parts of thereof are in conflict herewith, this Ordinance shall control to the extent of the conflict. Section 7. Severability. If any portion of this Ordinance is determined to void, unconstitutional, or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect. Section 8. Effective Date. This Ordinance shall take effect upon its second reading and final adoption by City Commission. Page 2 of 3 FIRST READING: �J /� 1., (( /�J /0 SECOND READING: 44 2 ,2()/ 0 PASSED AND ADOPTED this :Aay of C , 2010. CITY COMMISSION CITY OF LONGWOO 1, FLORIDA. i ATT ✓ST: � / /IJ i \ City Clerk/Depu =' Approve, :s o f ig�n_a egali the use and reliance of the City of Longwood, Florida only. Day e1=.'a g= , mtur ey CERTIFICATION I certify this to be a true and c ect copy of the*ecord in my,o4 ce. WITNESSETH ha and off seal of the City --of Cos Florida, this the day of 20 ity Clerk Page 3 of 3 03 -BSD05 -03/07 June 3, 2010 This instrument prepared by LYNN W. BLAIS Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720 -6834 PARCEL NO. 149.1R SECTION F.P. NO. 412994 2 STATE ROAD CRT PROJECT COUNTY SEMINOLE CITY DEED THIS DEED, made this day of by the CITY OF LONGWOOD, A/K/A TOWN OF LONGWOOD, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations). WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Seminole County, Florida, viz: Parcel No. 149 F.P. No. 412994 2 Longwood Station All of lots 95, 96, 97, 100, 100 101, 101 1 /2, 102 and 103, Town of Longwood, according to plat thereof as recorded in Plat Book 1, Pages 18 -21, Public Records of Seminole County, Florida. Less and except that part of lots 100 101 1 /2, 102 and 103 lying within the following described parcel of land: "Begin at the Northeast corner of lot 103 1 /2, plan of the Town of Longwood as described and recorded in Plat Book 1, Page 18 through 21, Public Records of Seminole County, Florida, thence South 89 degrees 38 minutes 24 seconds West 169.80 feet along the South right of way line Church Street of said plan of the Town of Longwood to a point; thence South 00 degrees 11 minutes 37 seconds East 81.07 feet to a point; thence North 89 degrees 43 minutes 17 seconds East 71.67 feet to a point; thence South 00 degrees 29 minutes 24 seconds West 118.60 feet to the Southeast corner of lot 101 of said plan of the Town of Longwood; thence North 89 degrees 38 minutes 17 seconds East 100.00 feet along the North right of way line of Warren Street of said plan of the Town of Longwood to the Southeast corner of lot 102 '/2 of said plan of the Town of Longwood; thence run North 00 degrees 19 minutes 32 seconds West 199.75 feet along the West right of way line of Myrtle Avenue of said plan of the Town of Longwood to the Point of Beginning." And; less and except the "well parcel" described as: That part of: "Lots 96 and 100, plan of the Town of Longwood, according to the plat thereof as recorded Plat Book 1, page 18 through 21, Public Records of Seminole County, Florida described as follows:" "Commence at the Northeast corner of lot 103 1 /2, plan of the Town of Longwood as described and recorded in Plat Book 1, Page 18 through 21, Public Records of Seminole County, Florida, thence South 89 degrees 38 minutes 24 seconds West 169.80 feet along the South right of way line Church Street of said plan of the Town of Longwood to a point; thence South PARCEL NO. 149.1R SECTION F.P. NO. 412994 2 PAGE 2 00 degrees 11 minutes 37 seconds East 81.07 feet to a point; thence South 28 degrees 20 minutes 19 seconds West 66.66 feet to the Point of Beginning; thence North 89 degrees 50 minutes 52 seconds East 15.69 feet to a point; thence South 00 degrees 09 minutes 08 seconds East 10.00 feet to a point; thence run South 89 degrees 50 minutes 52 seconds West 20.00 feet to a point; thence North 00 degrees 09 minutes 08 seconds West 10.00 feet to a point; thence North 89 degrees 50 minutes 52 seconds East 4.31 feet to the Point of Beginning." Containing 29,188 square feet more or less Reserving unto the grantor a 10.00 foot wide Access and Maintenance Easement to the "well parcel" described as: That part of: "Lots 100 and 100 1 /2, plan of the Town of Longwood, according to the plat thereof as recorded Plat Book 1, Page 18 through 21, Public Records of Seminole County, Florida described as follows:" "Commence at the Northeast corner of lot 103 %2, plan of the Town of Longwood as described and recorded in Plat Book 1, Page 18 through 21, Public Records of Seminole County, Florida, thence South 89 degrees 38 minutes 24 seconds West 169.80 feet along the South right of way line Church Street of said plan of the Town of Longwood to a point; thence South 00 degrees 11 minutes 37 seconds East 81.07 feet to the Point of Beginning; thence South 28 degrees 20 minutes 19 seconds West 66.66 feet to a point on the North boundary of the well parcel; thence North 89 degrees 50 minutes 52 seconds East 11.38 feet along said North boundary to a point on said North boundary; thence North 28 degrees 20 minutes 19 seconds East 66.69 feet to a point; thence South 89 degrees 43 minutes 17 seconds West 11.39 feet to the Point of Beginning." TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the said grantee forever. PROVIDED that the following rights are reserved to Grantor in perpetuity: 1. Grantor shall have the right to construct, operate, maintain, improve, repair, replace, add to, upgrade, remove, and relocate utility lines and facilities, including electrical, water, sewer, storm water, reclaimed water, gas, fiber optic cables, cable and telecommunication lines and other utility lines and facilities, on, over, within and upon the lands conveyed to Grantee herein. Grantor's existing utility lines and facilities may remain in their current location. For any new construct or relocation of utility lines and facilities within the lands conveyed to Grantee herein, such construction or relocation will be subject to prior approval by Grantee, which shall not be unreasonably withheld, in accordance with the Florida Department of Transportation's (FDOT) minimum standards in the FDOT Utility Accommodation Manual in effect at the time this City Deed was executed. Should Grantee fail to approve any new construction or relocation of utility lines and facilities proposed by Grantor on, over, within and upon the lands conveyed to Grantee herein, the Grantee shall pay Grantor for the cost to construct and relocate utility lines and facilities at an alternative location, including but not limited to, the cost of acquiring appropriate easements. In the event of a need to acquire any such easements, the Grantee shall have the option of acquiring such easements for Grantor, provided Grantee promptly notifies Grantor of Grantee's intention to make such acquisition and diligently performs such acquisition in a manner as not to delay Grantor's intended utility project. 2. Grantor shall have a reasonable right to enter upon and access the lands conveyed to Grantee herein for the purposes outlined in Paragraph 1 above, and to exercise Grantor's right to PARCEL NO. 149.1R SECTION F.P. NO. 412994 2 PAGE 3 trim such trees, brush and growth which might endanger or interfere with Grantor's utility lines and facilities, provided that such rights do not interfere with the reasonable operation and safety of the Grantee's facilities. 3. Grantor shall repair any damage caused by Grantor to Grantee's facilities on the land conveyed to Grantee herein in the exercise of Grantor's rights under Paragraphs 1 and 2 herein. Grantee shall repair any damage caused by Grantee to Grantor's utility lines and facilities. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. Signed, sealed and delivered in CITY OF LONGWOOD, FLORIDA the presence of: Two witnesses required by Florida Law By: SIGNATURE LINE PRINT/TYPE NAME: Its Mayor SIGNATURE LINE ATTEST: PRINT/TYPE NAME: Its City Clerk ADDRESS OF GRANTOR: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , by , Mayor, who is personally known to me or who has produced as identification. PRINT/TYPE NAME: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: 03 -BSDO5 -03/07 June 3, 2010 This instrument prepared by LYNN W. BLAIS Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720 -6834 PARCEL NO. 150.1R SECTION F.P. NO. 412994 2 STATE ROAD CRT PROJECT COUNTY SEMINOLE CITY DEED THIS DEED, made this day of , by the CITY OF LONGWOOD, A/K/A TOWN OF LONGWOOD, a municipality of the State of Florida, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations). WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain and situate in Seminole County, Florida, viz: Parcel No. 150 F.P. No. 412994 2 Longwood Station "Beginning at a stake 459.1 feet East of a stake marking the Southeast corner of the intersection of Warren Street and East Lake Avenue, in Section 32, Township 20 South, Range 30 East, Town of Longwood, run South on the East line of Myrtle Avenue (extended) a distance of two hundred - feet to the North line of Bay Street, thence run East on the North line of Bay Street a distance of two hundred -ten feet; thence run North and parallel with the East line of Myrtle Avenue (extended) a distance of two hundred feet to the South line of Warren Street; thence run West on the South line of Warren Street a distance of two hundred -ten feet to the Point of Beginning." (The above described parcel of land being described and recorded in Official Records Book 1184, page 1203, Public Records of Seminole County, Florida.) And "Beginning 669.1 feet East of the Southeast corner of Warren Street and East Lake Avenue in Section 32, Township 20 South, Range 30 East, Town of Longwood, Florida run East 206 feet, South 200 feet to the North line of Bay Street, West 206 feet, North 200 feet to the Point of Beginning." (Said parcel of land being described and recorded in Official Records Book 2066, page 1690, Public Records of Seminole County, Florida.) Containing in the aggregate 1.909 acres, more or less TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the said grantee forever. PARCEL NO. 150.1R SECTION F.P. NO. 412994 2 PAGE 2 PROVIDED that the following rights are reserved to Grantor in perpetuity: 1. Grantor shall have the right to construct, operate, maintain, improve, repair, replace, add to, upgrade, remove, and relocate utility lines and facilities, including electrical, water, sewer, storm water, reclaimed water, gas, fiber optic cables, cable and telecommunication lines and other utility lines and facilities, on, over, within and upon the lands conveyed to Grantee herein. Grantor's existing utility lines and facilities may remain in their current location. For any new construct or relocation of utility lines and facilities within the lands conveyed to Grantee herein, such construction or relocation will be subject to prior approval by Grantee, which shall not be unreasonably withheld, in accordance with the Florida Department of Transportation's (FDOT) minimum standards in the FDOT Utility Accommodation Manual in effect at the time this City Deed was executed. Should Grantee fail to approve any new construction or relocation of utility lines and facilities proposed by Grantor on, over, within and upon the lands conveyed to Grantee herein, the Grantee shall pay Grantor for the cost to construct and relocate utility lines and facilities at an alternative location, including but not limited to, the cost of acquiring appropriate easements. In the event of a need to acquire any such easements, the Grantee shall have the option of acquiring such easements for Grantor, provided Grantee promptly notifies Grantor of Grantee's intention to make such acquisition and diligently performs such acquisition in a manner as not to delay Grantor's intended utility project. 2. Grantor shall have a reasonable right to enter upon and access the lands conveyed to Grantee herein for the purposes outlined in Paragraph 1 above, and to exercise Grantor's right to trim such trees, brush and growth which might endanger or interfere with Grantor's utility lines and facilities, provided that such rights do not interfere with the reasonable operation and safety of the Grantee's facilities. 3. Grantor shall repair any damage caused by Grantor to Grantee's facilities on the land conveyed to Grantee herein in the exercise of Grantor's rights under Paragraphs 1 and 2 herein. Grantee shall repair any damage caused by Grantee to Grantor's utility lines and facilities. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor, and its seal to be hereto affixed, attested by its City Clerk, the date first above written. Signed, sealed and delivered in CITY OF LONGWOOD, FLORIDA the presence of: Two witnesses required by Florida Law By: SIGNATURE LINE PRINT/TYPE NAME: Its Mayor SIGNATURE LINE ATTEST: PRINT/TYPE NAME: Its City Clerk ADDRESS OF GRANTOR: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , by , Mayor, who is personally known to me or who has produced as identification. PRINT /TYPE NAME: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Prepared under the supervision of: FREDRICK W. LOOSE, ATTORNEY Florida Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720 -6834 PARCEL NO.: 511.1R (E25Aa) SECTION F.P. NO. 412994 2 STATE ROAD CRT PROJECT COUNTY SEMINOLE QUITCLAIM DEED THIS QUITCLAIM DEED, made this day of , 2010, by the CITY OF LONGWOOD, a Florida municipal corporation, whose address is 175 West Warren Avenue, Longwood, Florida 32750 (herein "Grantor"), to the STATE OF FLORIDA by and through the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, 719 South Woodland Blvd., DeLand, Florida 32720 (herein "Grantee "). WITNESSETH WHEREAS, said land hereinafter described was used for local right -of -way purposes; and WHEREAS, Grantee desires to acquire said land for its Commuter Rail Transit Project. NOW THEREFORE, WITNESSETH: That the said Grantor, for and in consideration of the sum of $10.00, in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the Grantee forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Seminole, State of Florida, to -wit: (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF) PROVIDED that the following rights are reserved to Grantor in perpetuity: 1. Grantor shall have the right to construct, operate, maintain, improve, repair, replace, add to, upgrade, remove, and relocate utility lines and facilities, including electrical, water, sewer, storm water, reclaimed water, gas, fiber optic cables, cable and telecommunication lines and other utility lines and facilities, on, over, within and upon the lands conveyed to Grantee herein. Grantor's existing utility lines and facilities may remain in their current location. For any relocation of utility lines and facilities within the lands conveyed to Grantee herein, such relocation will be subject to prior approval by Grantee, which shall not PARCEL NO.: 511.1 R PAGE 2 be unreasonably withheld, in accordance with the Florida Department of Transportation's (FDOT) minimum standards in the FDOT Utility Accommodation Manual in effect at the time this Quit Claim Deed was executed. Should Grantee fail to approve any relocation of utility lines and facilities proposed by Grantor on, over, within and upon the lands conveyed to Grantee herein, the Grantee shall pay Grantor for the cost to construct and relocate utility lines and facilities at an alternative location, including but not limited to, the cost of acquiring appropriate easements. In the event of a need to acquire any such easements, the Grantee shall have the option of acquiring such easements for Grantor, provided Grantee promptly notifies Grantor of Grantee's intention to make such acquisition and diligently performs such acquisition in a manner as not to delay Grantor's intended utility project. 2. Grantor shall have a reasonable right to enter upon and access the lands conveyed to Grantee herein for the purposes outlined in Paragraph 1 above, and to exercise Grantor's right to trim such trees, brush and growth which might endanger or interfere with Grantor's utility lines and facilities, provided that such rights do not interfere with the reasonable operation and safety of the Grantee's facilities. 3. Grantor shall repair any damage caused by Grantor to Grantee's facilities on the land conveyed to Grantee herein in the exercise of Grantor's rights under Paragraphs 1 and 2 herein. Grantee shall repair any damage caused by Grantee to Grantor's utility lines and facilities. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behalf of the Grantee forever. IN WITNESS WHEREOF, the said Grantor has signed, sealed and acknowledged these presents the day and year first above written. Signed and sealed in the presents of: CITY OF LONGWOOD, a Florida municipal corporation Signature By: Print John C. Maingot, Mayor Signature Print PARCEL NO.: 511.1 R PAGE 3 ATTEST: Print: City of Longwood Clerk /Deputy Clerk STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this , by John C. Maingot as Mayor of the City of Longwood, who is personally known to me, or who has produced as identification. (type /print name) Notary Public in and for the County and State last aforesaid. (Affix Notary Seal) My Commission Expires: EXHIBIT "A" - QUIT CLAIM DEED F.P. No. 412994 2 — Section 77000 - Central Florida Commuter Rail Transit Segment E in Seminole County PARCEL No. 511 (E25Aa) RIGHT OF WAY A PORTION OF LONGWOOD AVENUE (50 FEET IN WIDTH) AND ORANGE AVENUE (50 FEET IN WIDTH) AS SHOWN ON THE PLAT OF LONGWOOD AS RECORDED IN PLAT BOOK 1, PAGES 18 -21, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, IN SECTION 32, TOWNSHIP 20 SOUTH, RANGE 30 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 518 -INCH IRON ROD WITH CAP STAMPED "GPI SOUTHEAST LB 7550" MARKING THE INTERSECTION OF THE WESTERLY RIGHT -OF -WAY OF SAID LONGWOOD AVENUE AND THE WESTERLY PROJECTION OF THE NORTH RIGHT -OF- WAY OF SAID ORANGE AVENUE; THENCE NORTH 89 °48'42" EAST, ALONG SAID WESTERLY PROJECTION, 27.14 FEET, TO THE CENTERLINE OF SAID LONGWOOD AVENUE; THENCE SOUTH 22 °42'50" WEST, ALONG SAID CENTERLINE, 54.20 FEET, TO AN INTERSECTION WITH THE WESTERLY PROJECTION OF THE SOUTH RIGHT -OF- WAY OF SAID ORANGE AVENUE; THENCE SOUTH 89 °48'42" WEST, ALONG SAID WESTERLY PROJECTION, 27.14 FEET, TO THE WESTERLY RIGHT -OF -WAY OF SAID LONGWOOD AVENUE AND THE EASTERLY BOUNDARY OF THOSE LANDS DESCRIBED IN DEED BOOK "EE ", PAGE 193, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE NORTH 22 °42'50" EAST, ALONG SAID WESTERLY RIGHT -OF -WAY AND EASTERLY BOUNDARY, 54.20 FEET. TO THE POINT OF BEGINNING. CONTAINING 1,355 SQUARE FEET, MORE OR LESS. This legal description prepared under the direction of: Deborah S. Mott Florida Registered Professional Land Surveyor No. 5661 State of Florida Department of Transportation DeLand, FL 32720 RIGHT OF ENTRY AGREEMENT This is an agreement between the CITY OF LONGWOOD, FLORIDA, herein called licensor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, herein called licensee. Licensor and Licensee agree as follows: 1. Licensor hereby grants to licensee a license to occupy and use, subject to all of the terms and conditions hereof, the property generally known as a portion of Myrtle Avenue in Longwood, Seminole County, Florida as depicted on Exhibit A attached hereto and by this reference made a part hereof (the "Premises "). 2. The Premises may be occupied and used by licensee solely for the purpose of constructing Myrtle Avenue in the configuration and with such improvements and incidentals as are shown on Exhibit B attached hereto and by this reference made a part hereof (herein "Myrtle Avenue Improvements "). Licensee shall, at its expense, design, permit and construct the Myrtle Avenue Improvements in accordance with licensee's typical road construction standards. Licensee shall control and be responsible for all aspects of the construction of the Myrtle Avenue Improvements, including the maintenance of traffic (MOT). Licensee shall confine its construction activities to the Premises, unless otherwise agreed to in writing by the licensor. 3. The right -of -entry license shall carry with it such reasonable additional rights as are necessary to carrying out its intended purpose. 4. Upon completion of construction by licensee, Myrtle Avenue shall be a city street that is owned, operated and maintained by licensor as a public road. Given that it is the intent of the parties for the Myrtle Avenue Improvements to be owned, operated and maintained by the licensor after their completion, licensee agrees to allow licensor a reasonable opportunity to inspect such improvements and provide licensee with a list of improvement deficiencies at various stages during the construction process, including but not limited to, at substantial completion and after punch list items have been performed. 5. Upon completion of construction, licensee shall execute and record in the public records of Seminole County, a quitclaim deed in favor of licensor conveying any and all lands that licensee has acquired from third parties for the purposes of constructing the Myrtle Avenue Improvements. Prior to said conveyance, licensee shall provide licensor with evidence of licensee's ownership interest in and title work for the land being conveyed to licensor, and licensee shall provide licensor with an as -built survey of the lands being conveyed and the improvements thereon. This provision shall survive termination of the license granted herein. 6. Upon completion of construction of the Myrtle Avenue Improvements by licensee as required herein, licensee shall assign to licensor any and all warranties and guarantees given by licensee's contractors for the Myrtle Avenue Improvements. Upon request by licensor to licensee, licensee shall assist licensor in making claims upon contractor warranties and bonds and obtaining corrective action if deficiencies in such improvements are found by the licensor during the applicable warranty period. This provision shall survive termination of the license granted herein. 7. Nothing in this Agreement shall constitute a waiver of sovereign immunity by either party. This provision shall survive termination of the license granted herein. 8. If licensee retains or contracts with a third party contractor to construct the Myrtle Avenue Improvements, the licensee shall require said contractor(s) to have property and casualty insurance and general liability insurance and make the licensor an additional insured under said policies. Certificates of insurances evidencing such additional insured status on said policies shall be provided to licensor prior to use of the Premises by licensee and its agents for construction activities. Nothing in this Agreement, express or implied, is intended to or will be construed to confer on any person, other than the parties of this Agreement, any right, remedy, or claim with respect to this Agreement. 9. The license granted herein shall expire the earlier of: (i) the completion of the construction of the Myrtle Avenue improvements by licensee in accordance with the Myrtle Avenue Plan, and (ii) December 31, 2012; unless otherwise extended by mutual written agreement by the parties. CITY OF LONGWOOD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Title: Title: Date: Date: S: \AKA \CLIENTS \Longwood, City of\Commuter Rail L324- 22362 \RIGHT OF ENTRY AGREEMENT clean 05- 07- 2010.doc 6. z ] 1aev il el A y B B a 1 ' `3 : B v e W y"�5 aadv a . !II - ebe _ a g � lL � oo � R 3 _ _ _ 9_ 2Iii 4 i 3 s g _p _ c 3 dig. g. B gg ' $ v 3 i g d _My2 9- -ei p 6aB�a € a �� ® pp 992 3 a 4.. o �� by ;d .9 S y 6 AffBp < a _9! G ^e ` rbbda b' b9 88 9 Y._'[ ^_..�y�`&' tltlb p - 3 _ g a` y : g ¢� i _ k I :.O0 °'i•� ` 'Y g° .:t > sy = i d + egg :1'i :iCF9 i ;; ;.iiFCYY[ Y.Y_ 3p.i_B :G. L1J dp-p "sgi g a e. 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W m \, I • W ."scan EXTENDED OCCUPANCY AGREEMENT THIS EXTENDED OCCUPANCY AGREEMENT ( "Agreement ") is made this day of , 2010 ( "Effective Date "), between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, whose address is 719 South Woodland Boulevard, DeLand, Florida 32720 ( "FDOT "), and THE CITY OF LONGWOOD, a municipal corporation of the State of Florida, whose address is 175 West Warren Avenue, Longwood, Florida 32750 ( "City "). WITNESSETH: WHEREAS, on January 21, 2010, FDOT and City entered into that certain Contract for Sale and Purchase and Addenda for the herein described Premises; and WHEREAS, City desires to temporarily retain possession of the Premises after the City's conveyance of the Premises to the FDOT in order to give the City an opportunity to relocate personal property, and the fixtures and improvements listed on the attached Exhibit `B ", and reestablish the City's public works facilities offsite during the City's extended possession of the Premises. NOW THEREFORE, in consideration of the above recitals and the covenants, conditions and provisions contained herein, the FDOT and the City do hereby agree as follows: 1. FDOT hereby grants to City possession of Parcel Nos. 149 and 150 as described on the attached Exhibit "A ". Parcel Nos.: 149 & 150 as described on the attached Exhibit "A" and all buildings and improvements located thereon are referred to herein as the "Premises ". 2. The term of this Agreement begins on the date of conveyance of the Premises to the FDOT and terminates thirty (30) days after City's receipt of FDOT's written notice to City to vacate the Premises but in no event shall termination occur or City be required to vacate the Premises any earlier than 180 days after the date of conveyance of the Premises to the FDOT ( "Term "). 3. There is no rent or cost required or due from the City for the City's extended possession of the Premises. 4. On or before the termination of the Term, the City has the right to remove or cause to be removed from the Premises any and all of City's personal property, fixtures and improvements listed on the attached Exhibit `B ". 5. During the Term of this Agreement, FDOT and its employees, agents and officials shall have the right to enter upon the Premises to test all of the buildings on the Premises for asbestos, provided however, the FDOT shall give City reasonable notice to access the interior of any buildings on the Premises. 6. The Premises shall be used and occupied exclusively by the City except for FDOT's rights as expressly provided in this Agreement. 1 7. The City acknowledges that the City has examined the Premises, and accepts the Premises in its current condition. 8. The covenants, conditions and provisions herein contained shall apply to and bind the successors and assigns of the parties hereto. 9. In the event the City or FDOT fail to comply with the provisions of this Agreement, the non- breaching party, after providing written notice of the breach and a thirty (30) day opportunity to cure, shall have all the rights and remedies available at law or in equity. 10. This Agreement shall be governed by the laws of the State of Florida. It is understood and agreed between the parties hereto that time is of the essence of this Agreement and this applies to all terms and conditions contained herein. 11. This Agreement may be executed in counterparts, the aggregate of which shall constitute a single document, and facsimile and electronic signatures shall be deemed original signatures. IN WITNESS THEREOF, the parties have executed this Agreement, the day and year first above written. Signed, sealed and delivered in the presence of: FDOT: FLORIDA DEPARTMENT OF TRANSPORTATION By: Its: CITY: CITY OF LONGWOOD, a Florida municipal corporation By: Its: S:\AKA \CLIENTS \Longwood, City of\Commuter Rail L324- 22362\Extended Occupancy Agreement 06- 03- 2010.doc EXHIBIT "A" — Legal Descriptions Parcel 149 & 150 • Parcel No, 149 F.P. No. 4129942 Longwood Station All of lots 95, 96, 97, 100, 100'/2, 101, 101 '' /2, 102 and 103, Town of Longwood, according to plat thereof as recorded in Plat Book 1, Pages 18 -21, Public Records of Seminole County, Florida. Less and except that part of lots 100 '/2, 101 1/2, 102 and 103 lying within the following described parcel of land: "Begin at the Northeast corner of lot 103 %, plan of the Town of Longwood as described and recorded in Plat Book 1, Page 18 through 21, Public Records of Seminole County, Florida, thence South 89 degrees 38 minutes 24 seconds West 169.80 feet along the South right of way Line Church Street of said plan of • the Town of Longwood to a point; thence South 00 degrees 11 minutes 37 seconds East 81.07 feet to a point; thence North 89 degrees 43 minutes 17 seconds East 71.67 feet to a point; thence South 00 degrees 29 minutes 24 seconds West 118.60 feet to the Southeast corner of lot 101 of said plan of the Town of Longwood; thence North 89 degrees 38 minutes 17 seconds East 1100.00 feet along the North right of way line of Warren Street of said plan of the Town of Longwood to the Southeast corner of lot 102 % of said plan of the Town of Longwood; thence run North 00 degrees 19 minutes 32 seconds West 199.75 feet along the West right of way line of Myrtle Avenue of said plan of the Town of Longwood to the Point of Beginning." And; Tess and except the "well parcel" described as: That part of: "Lois 96 and 100, plan of the Town of Longwood, according to the plat thereof as recorded Plat Book 1, page 18 through 21, Public Records of Seminole County, Florida described as follows:" "Commence at the Northeast corner of lot 103 1, plan of the Town of Longwood as described and recorded in Plat Book 1, Page 18 through 21, Public Records of Seminole County, Florida, thence South 89 degrees 38 minutes 24 seconds West 169.80 feet along the South right of way line Church Street of said plan of • • the Town of Longwood to a point; thence South 00 degrees 11 minutes 37 seconds East 81.07 feet to a point; thence South 28 degrees 20 minutes 19 seconds West 66.66 feet to the Point of Beginning; thence North 89 degrees 50 minutes 52 seconds East 15.69 feet to a point; thence South 00 degrees 09 minutes 08 seconds East 10.00 feet to a point; thence run South 89 degrees 50 minutes 52 seconds West 20.00 feet to a point; thence North 00 degrees 09 • minutes 08 seconds West 10.00 feet to a point; thence North 89 degrees 50 minutes 52 seconds East 4.31 feet to the Point of Beg•nning." Containing 29,188 square feet more or less Reserving unto the grantor a 10.00 foot wide Access and Maintenance Easement to the "well parcel" described as: That part of: "Lots 100 and 100 ' //, plan of the Town of Longwood, according to the plat thereof as recorded Plat Book 1, Page 18 through 21, Public Records of Seminole Go•unty, Florida described as follows:" "Commence at the Northeast corner of at 103 '/2, plan of the Town of Longwood as described and recorded in Plat Book 1, Page 18 through 21, Public Records of Seminole County, Florida, thence South 89 degrees 38 minutes 24 seconds West 169.80 feet along the South right of way line Church Street of said plan of the Town of Longwood • to a point; thence South 00 degrees 11 minutes 37 seconds East 81.07 feet to the Point of Beginning; thence South 28 degrees 20 minutes 19 seconds West 66.66 feet to a point on the North boundary of the well parcel; thence Noi h 89 degrees 50 minutes 52 seconds East 11.38 feet along said North boundary to a point on said North boundary; thence North 28 degrees 20 minutes 19 seconds East 66.69 feet to a point; thence South 89 degrees 43 minutes 17 seconds West 11.39 feet to the Point of Beginning." • • Parcel No. 180 F.P. No. 4129942 Longwood Station "Beginning at a stake 459.1 feet East of a stake marking the Southeast corner of the intersection of Warren Street and East Lake Avenue, in Section 32, Township 20 South, Range 30 East, Town of Longwood, run South on the East line of Myrtle Avenue (extended) a distance of two hundred -feet to the North line of Bay Street, thence run East on the North line of Bay Street a distance of wo hundred - ten feet.; thence run North and parallel with the East line of Myrtle Avenue (extended) a distance of two hundred feet to the South line of Warren Street; thence run West on the South line of Warren Street a distance of two hundred - ten feet to the Point of Beginning." (The above described parcel of land being described and recorded in Official Records Book 1184, page 1203, Public Records of Seminole County, Florida.) And "Beginning 669.1 feet East of the Southeast corner of Warren Street and East Lake Avenue in Section 32, Township 20 South, Range 30 East, Town of Longwood, Florida run East 206 feet, South 200 feet to the North line of Bay Street, West 206 feet, North - 200 feet to the Point of Beginning." (Said parcel of land being described and recorded in Official Records Book 2066, page 1690, Public Records of Seminole County, Florida.) Containing in the aggregate 1,909 acres, more or less s: \al:a \clientAIongwood, city of\adv. dot 1324. 21314 \e:hIbit a - legal description.doc F ie. I Iy g6- t ! 1 E - L gi 4 byt PA , . ' a • ri l'_ `k T I '' j l { 1 ,- P. r • l F 1 5 I. Y #1 i c :I� r -_I_ "- r i ce ^ . i 1 1 •. is 0 3 1 ..-..:,-. 41 F. '1111.511': - ° f l_i IC��II • = 1 a 11 �� ur o� - gl " /' = d�7 a I ' =i _ 3^ l 11 • .3.. 6 ` .4. , it ice.+ _ �F p - I 1 / 1 '. "r , T I > / 4 a -,. �+„g E I" , y�7 —�yJ i' � - { �.I 41t 9' IP E . � 11 E st. -- '"Ili • ` n • 5 !1 E_I � . JL•.. : o lk -` N 'ITT �_ 1,�,-.�'. : { 5 �y '1 L l_ I ? I i p , 1 v1 �I� Z', _ ri('�f � � t�= t I1 7 f�tyc _ "� f . - 1 t in ¢� i _ �4 ' ��. . ^•. �, ^' 3 1 JIM'o alIYi11 . s 2 -.. e L l z- ... —tee N N ` ` I=i �_fft t -6 t Vi z . ! L 4 °_� Y h ., `~ r GC_ i' =• C % is .I P I °°� = !I ,..off E 6i °/ i - � Y �. -a `�°. ? l= " 'it • (L a S. , d r �'Obho7 -''y 1 I ..0 n a. ^ 1 s •r f _ 1 [DI �� 1 t, S c - { g = = 1 t i V. �; Fn {ri I R 5 4. 1 1 I o Li Exhibit "i3" ZTX X series automatic transfer switch Katofight Generator 30kw Diesel Fuel Tank Gasoline Fuel Tank Gasboy and key pad Truck lifts in garage (3 ) Air Compressor garage ( 2 ) 07 -PE02 -09/01 March 30, 2009 This instrument prepared by LYNN W. BLAIS Under the direction of FREDRICK W. LOOSE, ATTORNEY Department of Transportation 719 South Woodland Boulevard DeLand, Florida 32720 -6834 PARCEL NO. 860.1 (E25Ab) SECTION F.P. NO. 412994 2 STATE ROAD CRT PROJECT COUNTY SEMINOLE ASSIGNMENT OF RIGHTS AND OBLIGATIONS THIS ASSIGNMENT OF RIGHTS AND OBLIGATIONS made this day of , 2010, by the CITY OF LONGWOOD, a municipality of the State of Florida, ( "City "), to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns,( "FDOT "). WITNESSETH: That the City for and in consideration of the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby assigns unto the FDOT, its successors and assigns, the City's rights and obligations in the land (right -of -way) described below for the purpose of FDOT clearing, excavating, constructing, operating, and maintaining exclusively, a commuter rail platform with all such fills, cuts, drains, ditches and other incidents which the FDOT may deem necessary or convenient in connection therewith, in, over, under, upon and through the following described land in Seminole County, Florida, viz: F.P. No. 412994 2 — Section 77000 — Central Florida Commuter Rail Transit Segment E in Seminole County PARCEL No. 860 (E25Ab) A PORTION OF LONGWOOD AVENUE (50 FEET IN WIDTH), PALMETTO AVENUE (50 FEET IN WIDTH), FLORIDA MIDLAND RAILWAY (50 FEET IN WIDTH), JESSUP AVENUE (50 FEET IN WIDTH) AND CHURCH STREET (50 FEET IN WIDTH) AS SHOWN ON THE PLAT OF LONGWOOD AS RECORDED IN PLAT BOOK 1, PAGES 18 -21, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA, IN SECTION 32, TOWNSHIP 20 SOUTH, RANGE 30 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8 -INCH IRON ROD WITH CAP STAMPED "GPI SOUTHEAST LB 7560" MARKING THE INTERSECTION OF THE WESTERLY RIGHT -OF -WAY OF SAID LONGWOOD AVENUE AND THE WESTERLY PROJECTION OF THE NORTH RIGHT -OF- WAY OF SAID PALMETTO AVENUE; THENCE NORTH 89 °48'42" EAST, ALONG SAID WESTERLY PROJECTION, 10.86 FEET; THENCE SOUTH 22 °42'50" WEST, 420.16 FEET; THENCE SOUTH 67 °17'10" EAST, 8.00 FEET; THENCE SOUTH 22 °42'50" WEST, 600.18 FEET, TO A POINT ON THE NORTH LINE OF RAILROAD PARCEL NO. 11 ACCORDING TO RIGHT OF WAY AND TRACK MAP OF THE ATLANTIC COAST LINE R.R. CO., MAIN LINE JACKSONVILLE TO TAMPA, SHEET NUMBER V.3FLA/S -33 AND V01072; THENCE NORTH 67 °17'10" WEST, ALONG SAID NORTH LINE, 18.00 FEET, TO THE WESTERLY RIGHT -OF -WAY OF SAID LONGWOOD AVENUE AND THE EASTERLY BOUNDARY OF THOSE LANDS DESCRIBED IN DEED BOOK "EE ", PAGE 193, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA; THENCE NORTH 22 °42'50" EAST, ALONG SAID WESTERLY RIGHT -OF -WAY AND EASTERLY BOUNDARY, 1016.11 FEET, TO THE POINT OF BEGINNING. CONTAINING 14,984 SQUARE FEET, MORE OR LESS. PARCEL NO. 860.1 (E25Ab) SECTION F.P. NO. 412994 2 PAGE 2 FDOT agrees to accept such assignment and all responsibility for the operation and maintenance of the above described land (right -of -way) and any and all improvements thereon. This legal description prepared under the direction of: Deborah S. Mott Florida Registered Professional Land Surveyor No. 5661 State of Florida Department of Transportation DeLand, FL 32720 TO HAVE AND TO HOLD the same unto said FDOT, its successors and assigns forever. IN WITNESS WHEREOF, the City and FDOT have caused these presents to be executed on the date first above written. Signed, sealed and delivered in THE CITY OF LONGWOOD, FLORIDA the presence of: Two witnesses required by Florida Law By: JOHN C. MAINGOT, MAYOR SIGNATURE LINE PRINT/TYPE NAME: ATTEST: SIGNATURE LINE Its City Clerk/Deputy City Clerk PRINT/TYPE NAME: ADDRESS OF CITY: 175 West Warren Avenue Longwood, Florida 32750 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this day of , by John C. Maingot as Mayor of the City of Longwood, who is personally known to me or who has produced as identification. PRINT/TYPE NAME: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: PARCEL NO. 860.1 (E25Ab) SECTION F.P. NO. 412994 2 PAGE 3 Signed, sealed and delivered in THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION the presence of: Two witnesses required by Florida Law By: SIGNATURE LINE Its PRINT/TYPE NAME: ATTEST: SIGNATURE LINE Its PRINT/TYPE NAME: ADDRESS OF FDOT: 719 South Woodland Blvd. DeLand, Florida 32720 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , by , as of the State of Florida, Department of Transportation, who is personally known to me or who has produced as identification. PRINT/TYPE NAME: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: