2016-69 SIDEWALK RIGHT-OF-WAY LICENSE
AND HOLD HARMLESS AGREEMENT
THIS RIGHT-OF-WAY LICENSE AND HOLD HARMLESS AGREEMENT is,
entered into by and between French/Lawson Investment Group, LLC, a Florida Limited Liability
Corporation, whose address is 1064 W. Hwy 50, Clermont, FL 34711 ("LICENSEE"), and the
CITY OF CLERMONT, FLORIDA, a Florida municipal corporation, whose address is 685
West Montrose Street, Clermont, FL 34711 ("City").
RECITALS
WHEREAS, CITY owns property, including the street and sidewalk right-of-way
adjacent to LICENSEE's commercial establishment located at 794 W. Minneola Ave.; and
WHEREAS, LICENSEE seeks to construct an awning structure from its facility over
CITY's sidewalk right-of-way; and
WHEREAS, CITY approves the use of the public thoroughfare in such a manner; and
WHEREAS, it is in the best interest of the health, safety, and welfare of the citizens of
CITY to enter into this License Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the terms and conditions
set forth herein,the parties agree as follows:
1. RECITALS. The foregoing recitals are true and form a material part of this
Agreement.
2. TERM. The term of this license is one (1) year from the date of execution by the
parties and may be automatically renewed at the request of the LICENSEE.
3. LOCATION. LICENSEE may use and maintain an awning structure over or within
the public right-of-way subject and conditioned upon the prior written approval by the CITY of
the location, appearance, materials utilized and construction methods to be used. The proposed
structure shall be substantially consistent with the diagram attached hereto and incorporated
herein as Exhibit"A".
4. MAINTENANCE.
a. LICENSEE shall maintain the awning structure in proper condition and appearance
and in accordance with the approved plans for the structure.
b. LICENSEE shall be responsible for the maintenance and upkeep of the awning
structure and any damage to the awning structure is solely the responsibility of LICENSEE.
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Should LICENSEE fail to maintain the awning structure, this License Agreement is revocable on
notice by CITY to LICENSEE of a violation of this section; however, LICENSEE shall have 14
days to cure any problem if it notifies CITY in writing within three (3) days of its intent to cure
the violation.
c. The awning structure shall be placed in accordance with all conditions set by the CITY
and shall not impede in any manner the CITY's ability to maintain the road, sidewalk, utilities
and appurtenances thereto.
d. The awning structure shall not cause an obstruction or inconvenience to members of
the public using the sidewalk,utilities and appurtenances thereto.
e. LICENSEE shall remove any debris created by its use of the public right-of-way.
5. REVOCATION. This License Agreement is immediately revocable should
LICENSEE discontinue use of the awning structure. In any event and without cause, this License
Agreement is revocable by CITY within 30 days upon sending written notice to LICENSEE.
Upon revocation, LICENSEE must remove, at its own expense, the awning structure and other
materials or obstructions placed on the property. If LICENSEE refuses to promptly remove the
awning structure, other materials or obstructions, they may be removed by CITY and
LICENSEE shall be liable for all expenses. CITY will remain under no obligation to replace or
reimburse for the removed awning structure pursuant to this provision.
6. INDEMNIFICATION. To the fullest extent permitted by law, LICENSEE shall
indemnify and hold harmless CITY from and against all claims, damages, losses and expenses,
including reasonable attorney's fees and costs, arising out of or resulting from the performance
of their obligations under this Agreement. LICENSEE shall indemnify and hold harmless the
CITY (and any governmental body or utility authority properly using such right-of-way) from
and against all expenses, costs or claims for any damages to the awning structure which may
result from the use of such Right-of-Way by CITY or other governmental body or authority due
to maintenance, construction, installation, or other proper use within such right-of-way.
7. INSURANCE. LICENSEE shall obtain or possess commercial general liability
insurance with limits of not less than $200,000 Combined Single Limit (CSL) or its equivalent.
LICENSEE shall provide a Certificate of Insurance to the City prior to commencing operations
under this Agreement to verify insurance coverage. LICENSEE shall maintain such insurance
coverage throughout the duration of this Agreement, including the initial period and all
extensions thereto. The insurance coverage shall name CITY as an additional insured, and shall
contain a provision which forbids any cancellation, changes or material alterations in the
coverage without providing thirty(30)days' prior written notice to CITY.
8. PERMITS. LICENSEE shall be responsible for obtaining all necessary CITY and/or
State permits, including building permits, prior to placement of the awning structure.
9. NUISANCE PROHIBITED. LICENSEE shall not, during the term hereof, on or in
the premises maintain, commit or permit the maintenance or commission of any nuisance or
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violation of any applicable City ordinance, State or Federal statute, or controlling bylaw,
regulation, or condition imposed whether existing at the time of commencement'of this License
Agreement or enacted, amended, or otherwise put into effect during the term of this License
Agreement.
10. LIMITATION OF RIGHTS. LICENSEE acknowledges that no property or other
right is created other than that specifically defined and limited by this License Agreement.
11. DISCLAIMER OF CITY RESPONSIBILITY. Nothing contained herein shall
create any obligation on the part of the City to maintain the awning structure.
12. EFFECTIVE DATE. This Agreement shall take effect upon n being recorded in the
Public Records of Lake County, Florida.
13. TIME IS OF THE ESSENCE. Time is of the essence of each and every provision
of this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
executed as of the day and date first above written.
OWNER: WITNESSES:
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Signature
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<r1'4..L E . Al LL)cs'a -v A/a r / r7 €—
Print Name Print Nani
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Print Name
STATE OF g-,41-7'Sea...-
COUNTY OF'
The foregoi 8JuMent was x.kn wledged before me on this /� day ,
2016, by flCt`LC_ ,C � , who is person known to
me or who has produced / ,`!Q/ /,e 9, as identification and who
did not take an oath.
.A
Notary Publi -� 1�f - AL:
�,�•Pry, DENISE RAYLNO X
Type/print name /71s4:3' ' /',9/G ° ; MY COMMISSION#FF 928252
EXPIRES:December 20,2019
°y'��oF�.§d Bonded Thru Budget Notary Services
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DONE AND RESOLVED by the City Council of the City of Clermont, Lake County, Florida,
this 9t"day_of August, 2016.
CITY OF CLERMONT
Gail L. Ash, Mayor
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ATT .T:
Tracy � ro :Howe, City Clerk
Approved - and legality:
�`
MATIVit s, City Attorney
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Exhibit"A"
French/Lawson Investment Group. LLC --- Wallace Grill
794 W. Minneola Ave.
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