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R-2016-22 CITY OF CLERMONT RESOLUTION NO.2016-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA ADOPTING A TEMPORARY PARKING LICENSE AGREEMENT; REPEALING ALL PRIOR -- - RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Clermont desiresto adopt a Temporary Parking License Agreement; NOW, THEREFORE, BE IT RESOLVED, that a Temporary Parking License Agreement is hereby adopted as follows: SECTION 1. The City Council does hereby adopt a Temporary Parking License Agreement as set forth in Attachment A, attached hereto and incorporated herein. SECTION 2. Any resolution previously adopted by the City Council and in conflict herewith is hereby repealed to the extent of the conflict. SECTION 3. This resolution shall take effect immediately upon its adoption. 1 CITY OF CLERMONT RESOLUTION NO. 2016-22 DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida this 14th day of June, 2016. a�,„,,, q,z;_t CITY OF CLERMONT ° �, , �. / ' / .<dier / _ 't." f , Gail L. Ash,M. or %":,> ATTEST � I, / /r Tracy Ack oyd Howe, City Clerk Approved as to e • • . , • 051h4111. Dani'4f�ntzaris, City Attorney. CITY OF CLERMONT RESOLUTION NO. 2016-22 Attachment"A" TEMPORARY PARKING LICENSE THIS TEMPORARY PARKING LICENSE AGREEMENT made and entered into this 14th day of June 2016, by and between Nexbiz, Inc., 1455 West Lakeshore Drive, 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, a temporary motor vehicle parking license, including the right of ingress and egress over and across the real property as indicated in Attachment `A'; 1. The GRANTEE hereby covenants and agrees that it shall at all times operate and use the temporary parking license in such a mannerr so as to minimize any disruptions to GRANTOR'S use of GRANTOR'S real property. 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, GRANTEE will restore the GRANTOR'S property, including any improvements thereon to its prior existing condition. 2. In consideration of the rights granted herein, GRANTEE shall pay to GRANTOR on the first day of each month and at the address above, the sum of three Hundred DOLLARS ($ 300.00), beginning July 1, 2016. GRANTOR acknowledges and agrees that GRANTEE shall be permitted to use parking license granted herein as of the effective date below, without additional consideration being paid by GRANTEE to GRANTOR for the portion of June 2016. In the event that the real property that is the subject of the license is unavailable, in whole or in part, to GRANTEE due to the demolition or renovation of any structure thereon or for any other reason, GRANTEE shall only be obligated to pay a prorated share of the monthly amount based on the actually days the property was unavailable for GRANTEE's use. 3. To the extent permitted by law, the GRANTEE hereby indemnifies, and agrees to hold GRANTOR harmless from and against any and all claims, demands, costs, judgments and amounts whatsoever suffered by GRANTOR by virtue of GRANTEE'S negligence in the use or maintenance of the temporary license. 4. Nothing herein shall be construed to constitute a waiver of the GRANTEE'S sovereign immunity as set forth in Florida Statutes, Chapter 768. 5. The rights granted herein shall inure to the benefit of GRANTEE, its assign, heirs, successors and invitees. This License shall specifically not confer any rights or remedies upon any person other than the GRANTEE, its assigns, heirs, successors and invitees. • CITY OF CLERMONT RESOLUTION NO. 2016-22 6. The rights and obligations granted and contained herein may be terminated by mutual consent of the parties, or by either party upon sixty (60) days written notice sent to the addresses set forth above. TO HAVE AND TO HOLD said temporary parking license and right of entry unto GRANTEE, and its successors, heirs, assigns and invitees, for the time period until terminated as set forth above. GRANTOR: Signed, sealed and delivered in the presence of: OW ` ' Witn ses: By: /'� _ A ., Jayson Strin_how, President _ .r % m / (Print Nae) Ad0 • L OF ,• (Print Nagle) v The foregoing instrument was sworn to and acknowledged before me this /S day of atz_itle_ , 2016, by Jayson S�gfe low, as Presi nt of Nexbiz, Inc., who, is personally p own to me or who has rovide as identification, and who did take an oath. .... e..46;-47f,"(, Notary Public Signature /71=se 44 Notary Public P ' ted Name My Commission Expires: / y9 Ae..=°IN DENISE RAYL NOAK * c_ * MY COMMISSION#FF 9222.52 7 i'° EXPIRES:December 20,2019 41,0,For Banded Thru Budget Notary Senkee CITY OF CLERMONT RESOLUTION NO. 2016-22 Accepted and Agreed to by action of the City Council of the City of Clermont at its meeting of June 14, 2016. CITY OF CLERMONT AT EST:1,17/ /6214Al Gail L. Ash,Mayor Tracy Ack oyd Howe,City Clerk Appro + as to form a legality: v: .ZF�. _ tome 4i, .L: CITY OF CLERMONT RESOLUTION NO.2016-22 ATTACHMENT 'A' TEMPORARY PARKING LICENSE AND EASEMENT 705 W.Minneola Ave. (4 access points) AMiliN7 Wrgilkir— :\ NA4N,, A ', . . W MINNLCLAAVE i frP 4460060. f .1 I 414, — ■ ,` 4 '�' 1-- — 40 ter. - 4 fe.„, li ii 2 1614422 I I I p. I t Ingress/Le aEI /W-.. t 1 h 1 Ri 1Ga 4ivp gqii3 151.1490 1614-I- 1 163111 1 � 65v In ress/Lgress 1614431 r _� "_ 0 1 At 4o �... m .; ,-^-- __,_"F='', \\cityhall\shares\Economic Development\JH1TT\Development\705 W Minneola Ave-Stringfeollow(Elks)\Nexbiz Parking License 6-14-16.doc