No preview available
Contract 2024-086A2024-086A PARKING LICENSE AND EASEMENT THIS TEMPORARY EASEMENT AGREEMENT made and entered into this day of 2 8 2024, by and between and Elin V. Satory-De Hoyos as Successor trustee of the Evelio J. Evelio J. De Hoyos Revocable Trust dated December 18, 2012 as amended and restated on October 30, 2020 and Elin V. Satory-De Hoyos, as Trustee of the Elin V. Satory-De Hoyos Revocable Trust dated December 12, 2012, as amended and restated on October 30, 2020, whose address is 1000 Old England Avenue, Winter Park, FL. 32789 (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'; 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 GRANTOR'S property to its prior existing condition reasonable wear and tear excepted and excluding any authorized improvements thereon. 2. In exchange for the grant of license and easement as set forth herein, GRANTEE shall pay to GRANTOR the sum of ONE THOUSAND DOLLARS ($1,000) 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 January 1, 2025 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 January 1, 2025 and shall remain in effect unless terminated for cause or as provided herein. Either party may terminate this Parking License and Easement for any or no reason 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, GRANTEE shall: a) GRANTEE shall maintain the Property, including mowing as necessary and as is consistent with GRANTEE's maintenance of other properties owned by GRANTEE. b) GRANTEE may, upon receipt of written consent from GRANTOR and at GRANTEE'S sole expense, improve the Property in a manner mutually acceptable to GRANTOR and GRANTEE. c) GRANTEE shall remove and dispose of yellow and green shed that fronts West Osceola Street and may remove any trees as deemed necessary to remove the shed. 5. During the Term hereof, GRANTEE 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. GRANTEE may satisfy this requirement by obtaining the appropriate endorsement to any master insurance policy such party may maintain. 6. 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. 7. 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. 8. 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. 9. As of its Effective Date, this Parking License and Easement Agreement shall replace and supersede any other agreements between the parties or their agents or assigns. 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: (Print Name) 5�40 r4 Vi � f 14.�J (Print Name) By: (' bll0,CA � Elin Satory- Dehoygs, as Successor Trustee signed, sealed and delivered in the presence of: (Print Name) cif,'k 6af a ry dt No � Q,s Elin Satory, as Trustee (Print Naine) Accepted and Agreed to by action of the City Council of the City of Clermont at its meeting of Mayor Tim Murry EXHIBIT "A" Lots I through 14 inclusive, less the west half of Lot 9, Block 79, according to the Map of Clermont recorded in Plat Book 8, Pages 17 to 23 inclusive, Public Records of Lake County, Florida. Aix? 1713 .... F.�.L p I