Contract 2019-43A PARKING LICENSE AND EASEMENT
THIS TEMPORA' EASEMENT AGREEMENT made and entered into this age
day of 9''� 7.t* •�I'; 2019, by and between Victory Way, LLC 1200 Oakley
Seaver Drive,uSuiteelA6, t. ermont, 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, 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';
1. 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, GRANTOR shall
pay to GRANTEE the sum of FIVE HUNDRED DOLLARS ($500.) 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 37;cN 15—r , 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 17(.y I f- , 2019 and shall
remain in effect until December 31, 2024, unless terminated for cause or as provided
herein. Either party may terminate this Parking License and Easement upon NINETY
(90) DAYS written notice to the non-terminating party, whereupon the license 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 properly maintain the Property, including mowing as necessary and
as is consistent with GRANTEE's maintenance of other properties owned by
GRANTEE and used for parking purposes.
b) GRANTEE shall, at is expense, improve the Property, as deemed appropriate by
GRANTEE for GRANTEE's use of the Property as contemplated herein but in no
event shall GRANTEE install any type of parking curbs, parking stops, car stops, or
any similar devices used in parking lots to designate parking spaces. GRANTOR
expressly consent to and authorizes said improvements.
5. During the Term hereof, each party 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. Each party 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,
subtenants, or invitees 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 except as to GRANTOR'S right to enforce the
indemnification. GRANTEE will name GRANTOR as additional insured on
GRANTEE'S insurance policy.
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.
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
or as terminated above.
GRANTOR:
signed, sealed and delivered in the presence of: is •ry .Way. LLC
I
. , A
By: 1
I tl tt �.l` Mar J. Gr. 1
dirw Manager
I
(PriitNam/ ; t 1 11.41
The foregoing instrument was sworn to and acknowledged before me this I gf qday of
1.1.,.,e- , 2019, by (11\00/K. Tf &r&H as
of who, is p r na1ly 1 wn to
me or who has provided as identification, and who did take an oath.
044CI MAJJ�'u 1 it:'syr•, ASHLEY C.CORK VERU
Notary Pu is Signature =•: 1.i MY COMMISSION#GG 081058
A e� n # EXPIRES:March B 2021
A-s•I_1`\ /�W w i o If ,., r 6abeO Thu Notary Pubic Undermilers
Notary Public Printed Name
My Commission Expires: -- #1- 0201
Accepted and Agreed to by action of the City Council of the City of Clermont at its meeting of
ma-9 z S , 2019
By (/ 1 ad/
Mayor Gail Ash
ATTACHMENT 'A'
PARKING LICENSE AND EASEMENT
EXH|B|T"A"
`-' ONT TRACY ACKROYD HOWE MMC
I City Clerk
CSER
352-241-7331
Choice of Champion_` Tackroyd@clermontfl.org
June 3, 2019
Victory Way, LLC
Attn: Mark Graff
1200 Oakley Seaver Drive
Suite 300
Clermont, FL 34711
Re: Parking License and Easement
To Whom It May Concern,
Enclosed herewith for your review and execution, please find a copy of the executed Parking License and
Easement Agreement which the Clermont City Council approved at the regularly scheduled meeting on May 28,
2019. Upon execution, please return one of the two provided agreements to my attention using the self-addressed
envelope provided.
If you have any questions or concerns, please do not hesitate to contact our office.
Sincerely,
-) 1,i.: (_2
-/- //'
arlie Zinke
/cz
Encl.
685 W. Montrose Street Clermont, FL 34711 www.ClermontFL.gov