Contract 2018-10 This instrument prepared by and
after recording return to:
Daniel F.Mantzaris,Esq.
Clermont City Attorney
685 W.Montrose Street
Clermont,FL 34711
{SPACE ABOVE THIS LINE FOR RECORDING DATA)
NON—EXCLUSIVE TEMPORARY PARKING LICENSE AND
EASEMENT AGREEMENT
(1000 Carroll Street)
This NON—EXCLUSIVE TEMPORARY PARKING LICENSE AND EASEMENT
AGREEMENT ("Agreement") is made and executed as of the q day of lay)bar
2018, by and between WOLFE & WALLACE PROPERTIES, INC, a Florida corpoFation
("Wolfe"), whose principal address of Post Office Box 120158, Clermont, Florida 34712
("Grantor") and the CITY OF CLERMONT, FLORIDA, whose address is 685 w. Montrose
Street, Clermont, Florida 34711 ("Grantee").
RECITALS:
WHEREAS, Grantor is the owner of a certain parcel of land located in Lake County,
Florida, ("Grantor Property")as more particularly described as:
CLERMONT,JOHNSON'S REPLAT LOTS 1 TO 9 INCL, E'LY 38 FT OF
LOT 10, BLK 115 PB 8 PG 71 ORB 691 PG 1684
Alt Key No.: 16225811
WHEREAS, Grantor has agreed to grant to Grantee a non-exclusive parking license and
easement over, across, and upon a portion Grantor's Property described in Exhibit "A"
("Easement Area")attached hereto and by this reference made a part hereof.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein and for other good and valuable consideration, the receipt and sufficiency of which
condition this agreement, the parties agree as follows:
Section 1. Recitals. The above recitals are true and correct, form a material part of
this Agreement and are incorporated herein by reference.
Section 2. Grant of Temporary Parking License and Easement. Subject to the
terms, conditions and limitations set forth herein, Grantor hereby grants to Grantee, for the
benefit of Grantee's Property, a non-exclusive temporary parking license and easement over the
Easement Area. The rights granted herein shall be solely for the purpose of temporary vehicular
parking and related pedestrian ingress and egress related to and attendant to the Grantee's boat
Page 11
ramp located at, 1050 Victory Way, Clermont, FL 34711, and as is reasonably necessary for the
convenience of Grantee, its agents, tenants, invitees, licensees and guests, to access Grantee's
boathouse property. The license, easement and rights herein shall remain in full force and affect
until such time as it is terminated as set forth herein.
Section 3. Non-Exclusive License and Easement. The License and Easement is
non-exclusive, and Grantor specifically reserves to itself, its successors, assigns, agents,
employees, tenants, invitees, licensees, guests, contractors and subcontractors the right to use the
Easement Area for any and all purposes so long as such use does not unreasonably interfere with
Grantee's use of the Easement Area as contemplated under this Agreement, and the right and
privilege at any time and from time to time to make further grants, easements, licenses, and
privileges to other persons or entities, over, under, upon and with respect to the Easement Area,
so long as the foregoing will not unreasonably interfere with the right of Grantee to use the
Easement for the purposes and in the manner herein described. Such further granting of
easements, licenses and privileges with respect to the Easement Area shall require the written
consent of Grantee. Any use authorized by Grantor as set forth herein shall be specifically
exempt from Grantee's indemnification, hold harmless and insurance obligations set forth below.
Section 4. Grantee's Obligations. Grantee shall, at its expense, install and maintain
any and all markings, signage and barriers reasonably necessary to delineate the authorized
parking spaces on the Easement Area. Grantee shall maintain liability insurance in such form
and amounts as Grantee maintains for its existing public access areas. City shall at its sole
expense obtain a separate insurance policy in such coverage terms and policy limits similar to
that maintained by City and insuring Grantor for and against any claims related to the use of the
Easement Area and subject to the limitations set forth above. To the extent permitted by law, the
Grantee hereby indemnifies and subject to the limitations set forth above, 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'suse or maintenance of the Easement Area.
Nothing herein shall be construed to constitute a waiver of the Grantee's sovereign immunity as
set forth in Florida Statutes, Chapter 768.
Section 5. Parties Right to Terminate. Grantor and Grantee shall each have the
right without cause to terminate Grantee's rights hereunder upon two (2) months prior written
notice to the non-terminating party.
Section 6. Binding Effect. The terms and provisions of this Agreement shall be
binding upon and inure to the benefit of Grantor, Grantee and their respective heirs,
representatives, successors, assigns, licensees, invitees, employees, tenants, lessees, agents,
customers, guests and mortgagees. The benefits and burdens hereof shall run with the fee title to
the lands herein described and be appurtenant thereto.
Section 7. Amendment. This Agreement may be amended or modified at any time
only by an agreement in writing mutually agreed to, executed and acknowledged by Grantor and
Grantee, or their successors or assigns in title, and thereafter duly recorded in the Public Records
of Lake County, Florida.
Page 12
Section 8. Further Assurances. Each of the parties hereto covenant and agree to
execute and deliver such other instruments and documents, and do all matters and things, which
may be reasonable and necessary, to carry out the intentions of this Agreement.
Section 9. Applicable Law. This Agreement shall be construed and governed in
accordance with the laws of the State of Florida, with venue in Lake County, Florida.
Section 10. Captions. The paragraph and subparagraph captions included herein are
for reference only and shall not amend, modify or be used to interpret or construe the meaning or
intent of the parties as to any of the terms and provisions hereof.
Section 11. Enforcement and Remedies. In the event either party fails to comply
with any term, provision or condition of this Agreement, then such party shall be in default of
this Agreement. If such party fails to correct any such default within fifteen (15) days after
receiving written notice from the other party of such default, or has not begun to diligently cure
such default, then the non-defaulting party shall have the following remedies: (i) bring an action
for damages and/or specific performance, or seek any other remedy in law or in equity; (ii) grant
additional time to cure such default; or (iii) use self-help to cure such default. The failure to
enforce any of the terms or provisions of this Agreement, however long continued, shall in no
event be deemed a waiver of the right to enforce the same thereafter as to the same breach or
violation, or as to any other breach or violation occurring prior to or subsequent thereto.
Section 12. Waiver. No waiver of, acquiescence in, or consent to any breach or
default of any term or condition hereof shall constitute or be construed as a waiver of,
acquiescence in or consent to any other, further or succeeding breach or default of the same or
any other term or condition.
Section 13. Entire Agreement. This Agreement and the documents incorporated
herein constitute the entire agreement between the parties regarding the Easements created
hereunder. This Agreement shall not be construed with resort to any presumption against the
preparer or maker hereof.
IN WITNESS WHEREOF, the Grantor and Grantee have caused these presents to be
signed in their respective names as of the day and year first above written.
Signed, sealed and delivered in the WOLFE & WALLACE PROPERTIES,
presence of: INC.,a Florida corporation
abaci /r1 . AdBy: /0021A1'
I ,J•1v6il af
ThPrint Name: (pr . . ►4 o.r(2k- Name: Der11SG hl. �ftaikteC
r Title: Pre.SKkTI�
(CORPORATE SEAL)
Print19rne: ip. o v
3i
Page 13
{Notary and Party Signatures Continued on Next Page}
STATE OF FLORIDA)
COUNTY OF j. k. )
The foregoing instrument was acknowledged before me this D9-1` day of
�a•Wn 4e-(t•—• , 2018 by Op";St. u). Wal Iae.t. , the 'GS:'I ar} of WOLFE
AND WALLACE PROPERTIES, INC., a Florida corporation, on behalf of the corporation.
She [/} is personally known to me or [ } has produced
as identification.
Oer-- • o. y�o �
Name: ' S
Title: N tary Public , ,f BECKI bOUNG
(NOTARY STAMP) My Commission Exp'' ► NOTAR:PUBLICDA
*-1: Care*GG02045
Signed, sealed and delivered in the THE CITY OF CLE '. .. , k# /2020
presence�1 ���" of:
42/64. i By(
Print Name: lit , G.. k.rczYk Da n i
City anager
4:11171;4fdt- ./__� '
Print ame: - ,1: , v� , ,.i
STATE OF FLORIDA)
COUNTY OF L )
The foregoing instrument was acknowledged before me this c2 day of
F{,{u&Y , 2018 by Darr n Gray, City Manager and on behalf of the CITY OF
CLERMONTI FLORIDA. He [ V 1 is personally known to me or [ 1 has produced
as identification.
.: , Debra M.Rybarczyk r,
W . :_ NOTARY PUBLIC Q M _ GZ Y
STATE OF FLORIDA 1
;".;. hM.CommtGG172570 Name: Ti , . L. Cl�y.!.
Expires 1/4/2022 Title:Notary Public
(NOTARY STAMP) My Commission Expires
Page 14
Exhibit"A"
Easement Area
Page 15
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