Contract 2023-054A2023-054A
PARKING LICENSE AND EASEMENT
THIS PARKING LICENSE AND EASEMENT AGREEMENT made and entered into
this � day of A , 2023, by and between First United Methodist Church of
Clermont, Inc. 950 71' Street Clermont, FL 34711 (hereinafter referred to as "GRANTOR"), and
the City of Clermont Community Redevelopment Agency 685 W. Montrose Street, Clermont,
Florida 34711 (hereinafter referred to as "GRANTEE") and as of the effective date hereof shall
replace in its entirety that certain Parking License and Easement Agreement between the parties
dated July 9, 2019.
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', hereinafter referred to as "the Property".
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
Property to its prior existing condition reasonable wear and tear excepted and excluding
any authorized improvements thereon. The license granted herein shall be for use of the
general public after 5 p.m. and until 7 a.m. the following day, Monday through Friday
and after 1 p.m. and until 7 a.m. the following day, Saturday and Sunday. GRANTEE
acknowledges that in the event of a conflict with GRANTOR's events and provided
GRANTOR has provided GRANTEE ten (10) days prior notice, GRANTOR may
prohibit the use of the Property by the general public during the above hours.
2. In exchange for the grant of license and easement as set forth herein, GRANTEE shall
pay to GRANTOR the sum of ONE THOUSAND FOUR HUNDRED AND NINETY
DOLLARS ($1,490) per month for each month during the term of this License and
Easement to include retroactive payments to the below effective date The payment shall
be due on the first day of each month commencing June 1, 2023 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 October 1, 2022 and shall remain in
effect unless terminated for cause or as provided herein. Either party may terminate this
Parking License and Easement without cause, upon thirty (30) 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. 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.
5. 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 parry's insurance company
shall have a subrogated claim against the other party.
6. 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 or
subtenants 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.
7. 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.
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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
and beginning or as terminated above.
GRANTOR:
signed, sealed and delivered in the
presence of: „
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(Print Name) -C / /4- 61',
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GRANTEE:
Attest:
Tracy Ackroyd Howe, City Clerk
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First United Methodist Church of Clermont, Inc.
By:
Jake Smith, Preside t
�ity of Clermont
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Brian Bulthuis, City Manager