Contract 2019-13A • 1
PARKING LICENSE AND EASEMENT
THIS TEMPORARY PARKING LICENSE AND EASEMENT AGREEMENT (the
"Agreement")made and entered into this q day of January 2019, by and between Evelio De
Hoyos and Elin Satory De Hoyos, 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 temporary license to allow motor
vehicle parking on the property described on the attached Exhibit"A"(hereinafter the "Property")
together with a temporary easement over and across the Property for the purpose of accessing the
parking spaces.
1. The GRANTEE hereby covenants and agrees that it shall at all times operate and use the
parking license and easement in accordance with applicable law and so as to cause
minimum damage or impact on or to the Property, reasonable wear and tear excepted. In
the event the GRANTEE shall alter, disturb, or damage the Property in the course of its
utilization of the temporary parking license and easement, GRANTEE will restore the
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 Agreement.The payment shall be due on the first day of each
month commencing February 1,2019, 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 February 1, 2019 and shall remain in
effect until December 31, 2024, unless terminated for cause or as provided herein. Either
party may terminate this Agreement upon ONE HUNDRED 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.
4. In addition to the obligations contained herein, GRANTEE shall:
a) At GRANTEE's expense and on or before March 1,2019,remove the dead tree located
on the Property as confirmed in advance by GRANTOR.
b) On or before the tenth day of each month hereunder and commencing as of February
2019, GRANTEE shall provide to GRANTOR a picture of the Property taken in the
prior thirty(30)calendar days. The picture shall be transmitted to GRANTOR by email
to: elinsatorymd@cfl.rr.com.
c) GRANTEE shall maintain the Property, including mowing as necessary and as is
consistent with GRANTEE's maintenance of other properties owned by GRANTEE.
d) 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.
5. During the Term hereof, the 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. Such policy shall name
GRANTOR as an additional insured and GRANTEE shall provide proof of such coverage
to GRANTOR prior to taking possession of the Property on February 1,2019. GRANTEE
may satisfy this requirement by obtaining the appropriate endorsement to any master
insurance policy GRANTEE may maintain.
6. GRANTEE has inspected the Property, is satisfied with its condition, and is satisfied that
the current condition of the Property is sufficient for GRANTEE'S use of the Property.
During the term of this Agreement, GRANTEE shall repair, replace and maintain the
Property as necessary to comply with all applicable laws and to make the Property safe for
the use of GRANTEE, its agents, invitees and members of the public.
7. GRANTEE hereby releases GRANTOR (and GRANTOR'S personal representatives,
heirs, successors and assigns) from liability and waives all right of recovery against
GRANTOR for any loss or damage covered by GRANTEE'S property insurance policies
for all perils insured thereunder. In the event of an insured loss, GRANTEE'S insurance
company shall not have a subrogated claim against GRANTOR. GRANTEE shall obtain
a waiver of subrogation endorsement to its insurance policies and shall provide GRANTOR
with proof of the same prior to taking possession of the Property on February 1,2019.
& Subject to the property insurance waivers set forth in the preceding section, GRANTEE
agrees to indemnify and hold GRANTOR harmless 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 GRANTEE or the employees, agents, contractors, licensees, tenants or
subtenants of GRANTEE,(ii)any spill or other release of any hazardous substances on the
Property by GRANTEE or the employees, agents, contractors, licensees, tenants or
subtenants of GRANTEE, or (iii) any breach of any obligation of GRANTEE under this
License. GRANTEE'S obligations under this subsection are contingent upon its receiving
prompt written notice of any event giving rise to an obligation to indemnify GRANTOR
and GRANTOR granting GRANTEE the right to reasonably participate in 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. This Agreement is binding upon and shall inure to the benefit of GRANTOR and
GRANTEE and their respective heirs,personal representatives, successors and assigns.
10. GRANTEE may not assign, sublet or otherwise transfer this Agreement or any of
GRANTEE'S rights arising under this Agreement without the written consent of
GRANTOR, in the GRANTOR'S sole discretion.
11. GRANTEE has accepted and agreed to the terms of this Agreement pursuant to action of
the City Council of Clermont, Florida at a duly called meeting or meetings.
TO HAVE AND TO HOLD said parking license and easement and right of entry unto
GRANTEE, and its successors, assigns and invitees, for the time period as set forth above and
beginning or as terminated above.
[Signatures on following pages]
GRANTOR:
Signed, sealed and delivered
in the presence of:
I.
WCA ,1
(Witness Si:,ature) EVELIO I HOYOS
re: cid,,c,
(Witness Pri t Name)
a7,,,..;,... if 1 FRP 44,___
(Witness Signature)
k1N(`( N\C Zt Os-dei '-)-o
(Witness Print Name)
44 . (eTharaQ lig- ,
(Witness . j•nature) ELIN S�Y DE HOMO
\MVr\ P5\‘-1(
(Witnesrint
s PName)
/
. /6/2 .71€
(Witness Signature)
J)MandiZi dos- ex 1~4
(Witness Print Name)
STATE OF FLORIDA
COUNTY OF 0„rzol e
The foregoing was acknowledged before me this l' day of SWI , 2019,
by EVELIO DE HOYOS and ELIN SATORY DE HO S.
-14(1—
4WW4y •, �w°AFOSTERHO (Signature of Notary Public -State of lorida)
:, IAY COMMISSION#GG 223481
: EXPIRES:Apn130,2022:, A'...'\tt fi? BOfdYdThN PublicUdewjters ,E\1 �'U��n
3 \
—"�
(Print, Type,or Stamp Commissioned Name of Notary
/ Public)
Personally Known V OR Produced Identification
Type of Identification Produced
Signed,sealed and delivered
in the presence of: City of Clermont
_ a Florida municipal corporation
4 loop;
,— / ,# /
By: :_!% _ i t4
(Witness Signature) G IL AS11
-Di\I ; 1 0/ _ Mayor
(Witness Print Name)
tl , I�;',
(Witness Signat re
(Witness Print Name)
STATE OF FLORI A
COUNTY OF
The foregoing was acknowledged before me this q day of , 2019.
by GAIL ASH,as Mayor of the City of Clermont,on behalf of the c oration.
ZZ
o��av rueec CARLIE ZINKER ( ' azure of Nota/$(./i12
y u lic - State of Florida)
r ' Commission#GG 128898
Expires July 27,2021 Carlie Zinker
N'1''OF fto% Bonded lhru Budget Notary Services
(Print, Type, or Stamp Commissioned Name of Notary
/ Public)
Personally Known V OR Produced Identification
Type of Identification Produced
All: 1.3.19 S:1MFA\CIients\De Hoyos,Elin&Evelio\Parking Agreement D459-24988ADe Hoyos Parking License(MFA Clean)1.3.19.Docx
1
EXHIBIT"A"
Lots 1 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.