Contract 2019-75 JOINT PARKING LICENSE ANI) EASEMENT
THIS TEMPORARY JOINT PARKING LICENSE ANI) EASEMENT AGREEMENT
made and entered into this 2. day of AtA 514 Sk 2019, by and
between LdJd•'ng s.f
(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, the parties do hereby grant each other an exclusive joint 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. GRANTEE hereby warrants that it is the fee simple owner of, or has the right, to grant
any and all rights set forth herein to use that certain portion of the Property, as more
. particularly described as the GRANTEE lot in Attachment "A".
2. GRANTOR hereby warrants that it is the fee simple owner of, or has the right, to grant
any and all rights set forth herein to use that certain portion of the Property, as more
particularly described as the GRANTOR lot in Attachment "A".
3. The parties hereto, do hereby grant to each other the exclusive right to use for the purpose
of parking cars at any time and without restriction, on the other party's lot as described in
Attachments "A". It is expressly understood that the rights granted herein shall be for use
by GRANTEE for the parking of motor vehicles by the general public for the parking of
vehicles by its customers, employees and invitees.
4. The parties hereby covenant and agree that they 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 either party or its
invitees alters, disturbs. or damages any of the other party's real property in the course of
its utilization of the temporary parking license and easement, the party that caused the
alteration, disturbance or damage will restore the Property to its prior existing condition
reasonable wear and tear excepted.
5. This Parking License and Easement shall take effect 8i1,/// and shall remain in(V,
effect until + unless terminated as provided herein. Either
party may terminate this Parking License and Easement with cause immediately and
without opportunity to cure, or without cause upon One hundred and eighty (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.
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.
10. In addition to the obligations contained herein, the parties agree to the following
improvements to the Property:
a) GRANTEE at its expense Resurface and restripe the pavement as delineated in
Attachment "A". GRANTEE shall maintain these improvements for the term of the
agreement.
b) GRANTEE at its expense shall construct the sidewalk and associated improvements
in the easement area as delineated in Attachment "A". GRANTEE shall maintain
these improvements for the term of the agreement.
ATTACHMENT 'A'
PARKING LICENSE AND EASEMENT
TO HAVE AND TO HOLT) 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:
Sig , sealed and delivered in the presence of:
i
(Print Name) v.-�. _ . •. - Lv 4i - (45�6+�
ntc, 14 Printed Name & Title
(Print Name) w p
The foregoing instrument was sworn to and acknowledged before me this , day of
sa T_-__-, 2019, by Like,._.__ r_-- personally known to
me or who has provided a D i.{j LIScA C as identification, and who did take an oath.
Notary Public Signature
akbrec, 134 &2 Debra M.Rybarczyk
' NOTARY PUBLIC
'o
Notary Public Printed Name a f STATE OF FLORID<,
L •
S„ Comm#GG172570
My Commission Expires: I111'a01, s'ticF19.10 Expires 1/4/2022
Accepted and Agreed to by action of the City Council of the City of Clermont at its meeting of
-!�kf 4- 13 , 2019
By (/1
Mayor Gail Ash
INSTRUMENT 12019114637
PUBLIC ACCESS EASEMENT OR BK 5356 PG 147 148 (2 PGS)
DATE: 10/10/2019 11:04:03 AM
GARY J. COONEY, CLERK OF THE CIRCUIT COURT
THIS EASEMENT made i AND COMPTROLLER, LAKE COUNTY, FLORIDA
I r, q RECORDING FEES$18.50 DEED DOC$0.70
• !' c` ( . , 20 � f between
Li* co CQu FOR RECORDING USE ONLY
whose interest is fee simple or if other than fee simple is:
None
(if none other, write none)
of Lake County, Florida, herein referred to as GRANTOR; and the CITY OF CLERMONT, a Florida Municipal Corporation,
Ort.+• 1-)ai , LLC. , Clermont, Florida, herein referred to as GRANTEE;
GRANTOR in consideration of TEN DOLLARS ($10.00) and other valuable consideration to dedicator paid by dedicatee,
receipt of which is acknowledged does hereby grant an EASEMENT IN GROSS to GRANTEE forever,to have and to hold for
all public uses traditionally made of a PUBLIC ACCESS EASEMENT, including but not limited to: use as a public access
sidewalk and use by the traveling public to traverse the same; over, under, above and through the following described lands in
Lake County, Florida, to-wit:
(Legal descrip) C,LettµDNT Vs 30 F7 Or S f1 pr o` LOT 17, S ¶7
FT' of Lo17 19) BLK YO is S rG I-76122 3E-7 PG
f(&t 7
Containing a•0 6 acres, more or less; Parcel ID No. 161 L't rio
Reserving to the GRANTOR all rights not inconsistent with said easement, including reversion upon release.
IN WITNESS WHEREOF, GRANTOR has hereunto set GRANTOR'S hands and seal the day and year first above written.
signed, sealed and delivered in the presence of:
By
(print name) Y'LLyIC (print ame) Zektfvel
..i' y I_ Address: 62-7 ( l.),tGti--
(print name) 1 Com-• K•A,;f or 0e_,-,..0,-.1-- ,Y7/./
STATE OF FLORIDA
COUNTY OF LAKE
On ' .- a 4 c70 q
��"" . y9 ` , the foregoing instrument was/Iacknowledged before me by
Lune W ` n ,. who IS personally known to me or who have produced f L_. Dr. (..CSC --tn..
and as identification and who(did) id not) take an
oath.
CL^ I DeAbsM.ltyeere�yk % 1 Dara M.Ryberczyk
NOTARY PUBLIC a y;;f► ° NOTARY PUBLIC
4� ;�
_a STATE OF FLORIDA o STATE OF FLORIDA
Notary ublic ( iSgnature) Ts
_. .....,';.�^ ' :7(:G
omm#GG172570
r� /1 bC�y4L /L ;E 191 Expires 1/412022
Notary Public (Typed, Printed, or Stamped;P i
CITY OF CLERMONT
F.—. N ATTN CARUE ZINKER Page 1 of 2
685 W MONTROSE STREET
CLERMONT FL 34711
AAC E TED BY the City of Clermont by action of the City Council at its meeting of: 0. l&/
ayor
ATTEST:
40(//-
City Clerk
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Pursuant to Section 695.26(3)(f), this instrument exempt from Chapter 695, F.S.: Prepared by and return to a Public Official:
City Manager, City of St. Cloud, 1300 Ninth Street; St. Cloud, Florida 34769
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