Contract 2019-49A PARKING LICENSE AND EASEMENT
THIS TEMPORARY EASEMENT AGREEMENT made and entered into this qt°-
day ofhe 2019, by and between First Uniited Methodist Church of
Clerm et, In . 50 7th Street Clermont, FL 34711 (hereinafter referred to as "GRANTOR"), and
the City of Clermont, 685 W. Montrose Street, Clermont, Florida 34711 (hereinafter referred to
as"GRANTEE").
NOW, THEREFORE, for and in consideration of the mutual advantages inuring each
party to the other, and other valuable considerations, the receipt of which are hereby
acknowledged, GRANTOR does hereby grant to the GRANTEE, an exclusive motor vehicle
parking license and easement, including the right of ingress and egress over and across the real
property as indicated in Attachment 'A', hereinafter referred to as "the Property";
1. The GRANTEE hereby covenants and agrees that it shall at all times operate and use the
parking license in accordance with applicable law and so as to cause minimum damage or
impact on the property, reasonable wear and tear excepted. In the event the GRANTEE
shall alter, disturb, or damage any of GRANTOR'S real property in the course of its
utilization of the temporary parking license and easement, GRANTEE will restore the
Property to its prior existing condition reasonable wear and tear excepted and excluding
any authorized improvements thereon. The license granted herein shall be for use of the
general public after 5 p.m. Monday through Friday and after 1 p.m. Saturday and Sunday.
GRANTEE acknowledges that in the event of a conflict with GRANTOR's events and
provided GRANTOR has provided GRANTEE ten (10) days prior notice, GRANTOR
may prohibit the use of the Property by the general public during the above hours.
2. In exchange for the grant of license and easement as set forth herein, GRANTEE shall
pay to GRANTOR the sum of ONE THOUSAND FOUR HUNDRED AND NINETY
DOLLARS ($1,490) per month for each month during the term of this License and
Easement. The payment shall be due on the first day of each month commencing July 1,
2019 which shall be provided to GRANTOR at the above address, or such other address
as GRANTOR may designate in writing.
3. This Parking License and Easement shall take effect August 1, 2019 and shall remain in
effect until September 30, 2022, unless terminated for cause or as provided herein. Either
party may terminate this Parking License and Easement without cause, subject to the
reimbursement provision described below, upon ONE HUNDRED (180) DAYS written
notice to the non-terminating party, whereupon the License and Easement rights and all
obligations and rights of both parties shall terminate as of the effective date of the
termination notice.
4. In addition to the obligations contained herein, the parties agree to the following
improvements to the Property:
a) GRANTEES at its expense and on or before August 1, 2019, shall trim trees on the
Property as necessary. For purposes of Section 5 below, the cost to GRANTEE for
this work is acknowledged and agreed to by the parties to be ONE THOUSAND
DOLLARS ($1,000).
b) GRANTOR shall on or before August 1, 2019 resurface and restripe the Property.
GRANTEE shall reimburse GRANTOR for the actual cost thereof not to exceed
THREE THOUSAND THREE HUNDRED AND TWENTY DOLLARS ($3,320).
GRANTEE shall reimburse GRANTOR the above amount within 30 days of receipt
of an actual invoice or other documentation acceptable to GRANTEE certifying the
actual cost of the resurfacing and restriping.
c) GRANTEE shall on or before August 1, 2019, upgrade 19 light heads existing on 13
light poles to LED lights to National IES Lighting Standards. For purposes of
Section 5 below, the cost to GRANTEE for this work is acknowledged and agreed to
by the parties to be FOUR THOUSAND EIGHT HUNDRED DOLLARS ($4,800).
d) GRANTEE, on or before August 1, 2019, shall install two permanent garbage cans.
For purposes of Section 5 below, the cost to GRANTEE for this work is
acknowledged and agreed to by the parties to be TWO THOUSAND DOLLARS
($2,000). Unless otherwise agreed to by the parties, the garbage cans shall be
installed at on the lower portion of the Property at Juanita Avenue and on the upper
portion of the Property near Juanita and 7`'' Street.
e) GRANTEE, at its expense, shall install a maximum of 22 parking barrier posts on
sloped areas to be agreed upon by the parties.
f) GRANTEE shall install signage as appropriate to reflect the hours that the Property
may be used for parking by the general public.
g) To the extent that GRANTEE is required by the foregoing to improve or perform
work on the Property, as deemed appropriate by GRANTEE, GRANTOR expressly
consents to and authorizes said improvements and work.
5. In the event GRANTOR elects to terminate this License and Easement Agreement
without cause and with the effect of such termination occurring on or before June 30,
2021, GRANTOR shall reimburse GRANTEE a prorated share of the actual cost incurred
by GRANTEE to improve the Property and as set forth in Section 4 (a), (b), (c) and (d)
above. The proration and amount to be paid to GRANTEE shall be calculated by
dividing the total actual expense for the items referred to in Section 4 above, by 1,187
and multiplying the result by the number of days remaining on the term of the License
and Easement Agreement after the effective date of the termination. The prorated
reimbursement amount shall be paid by GRANTOR to GRANTEE before the effective
date of the termination and as a condition of the termination.
6. During the Term hereof, each party shall maintain Commercial General Liability
Insurance in amounts of One Million and no/100 Dollars ($1,000,000.00) per occurrence
and Two Million and no/100 Dollars ($2,000,000.00) aggregate. Each party may satisfy
this requirement by obtaining the appropriate endorsement to any master insurance policy
such party may maintain.
7. GRANTOR and GRANTEE hereby mutually release each other (and their successors or
assigns) from liability and waive all right of recovery against the other for any loss or
damage covered by their respective first party property insurance policies for all perils
insured thereunder. In the event of an insured loss, neither party's insurance company
shall have a subrogated claim against the other party.
8. Subject to the property insurance waivers set forth in the preceding section, GRANTOR
and GRANTEE each agree to indemnify and hold harmless the other party from and
against any and all administrative and judicial actions and rulings, claims, causes of
action, demands and liabilities, including reasonable attorneys' fees, to the extent caused
by or arising out of: (i) any negligent acts or omissions or willful misconduct in the
operations or activities on the Property by the indemnifying party or the employees,
agents, contractors, licensees, tenants or subtenants of the indemnifying party, (ii) any
spill or other release of any Hazardous Substances (as defined below) on the Property by
the indemnifying party or the employees, agents, contractors, licensees, tenants or
subtenants of the indemnifying party, or (iii) any breach of any obligation of the
indemnifying party under this License. The indemnifying party's obligations under this
subsection are contingent upon its receiving prompt written notice of any event giving
rise to an obligation to indemnify the other party and the indemnified party's granting it
the right to control the defense and settlement of the same. Nothing herein shall be
construed to constitute a waiver of the GRANTEE'S sovereign immunity as set forth in
Florida Statutes, Chapter 768.
9. The rights granted herein shall inure to the benefit of GRANTEE, its assign, heirs,
successors and invitees. This License and Easement shall specifically not confer any
rights or remedies upon any person other than the GRANTEE, its assigns, heirs,
successors and invitees.
TO HAVE AND TO HOLD said parking license and easement and right of entry unto
GRANTEE, and its successors, heirs, assigns and invitees, for the time period as set forth above
and beginning or as terminated above.
GRANTOR:
signed, sealed and delivered in the presence of: /
g / / • /
y.
(P nt ame) ' ' Wayne Gr• nwall, 'r; ident
(Print Name)-re-Rje 1' (.I TF
The foregoing instrument was sworn to and acknowledged before me this <3.13 day of
Jd , 2019, by Wayne Greenwell, President of First United Methodist of Clermont
Inc., personally known to me or who has provided tie '"��� V.,ievo ,,.)as identification,
and who did take an oath.
;.••;N;,,,, CHRISTOPHER VINCENT TABONE�� NotaryPublic-State of Florida
Notary Public Signature ' i .' CommissionMsApr1794
°F f Bonded th through Nam. tional Notary Aunt.
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VV(N � � above
Notary Public Printed Name
My Commission Expires: 0-pa_, ' 1?l o�0 rel
Accepted and Agreed to by action of the City Council of the City of Clermont at its meeting of
2019
Mayor Gail Ash
ATTACHMENT 'A'
PARKING LICENSE AND EASEMENT
Exhibit "A"
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