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HomeMy WebLinkAboutMain Street Associates Temporary Parking License Agreement July 2007 -2007 07 02 TEMPORARY PARKING LICENSE AGREEMENT THIS TEMPORARY PARKING LICENSE AGREEMENT ("Agreement") is made and entered into as of the 2. n.J day of ~, 2007, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation ("Licensee"), and MAIN STREET ASSOCIATES, LLC ("Owner "). WIT N E SSE T H: WHEREAS, the City of Winter Springs will be holding a 4th of July special event for the benefit of the public for purposes of celebrating Independence Day on July 4, 2007 at Central Winds Park, which is located in and owned by the City of Winter Springs; and WHEREAS, the City of Winter Springs is in need of additional off-street parking spaces in the vicinity of Central Winds Park in order to provide for the proper flow of traffic in said area and to protect the public safety and welfare; and WHEREAS, Owner owns certain unimproved property within the Town Center, more specifically located to the North and East of the McDonald's restaurant located on the northeast comer of State Road 434 and Tuskawilla Road, directly across Tuskawilla Road from the Winter Springs Town Center; and WHEREAS, Owner desires to permit the City of Winter Springs to use their property for purposes of providing additional parking which will be available for citizens and visitors to the City of Winter Springs 4th ofJuly celebration; and NOW, THEREFORE, in consideration of mutual covenants and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Duration of License A2reement. This Agreement shall become effective upon execution and shall continue in full force thereafter until July 5,2007,5 P.M.._ 2. Termination of License Agreement. This Agreement shall terminate and Licensee's rights shall Temporary Parking License Agreement City of Winter Springs I Main Street Associates, LLC 10f4 automatically cease upon the expiration of the term of this Agreement as set forth in paragraph 1. 3. Property. The real property subject to the terms and conditions of this Agreement shall be as described above and generally depicted on EXHIBIT "1 II ("Property"). 4. Restoration of Property. Upon termination of this Agreement, Licensee shall leave the Property in substantially good condition and restore it to its condition immediately preceding this Agreement, excepting reasonable wear and tear from the use herein permitted. Licensee shall be responsible for pick-up and removing any litter and trash on the Property caused by Licensee and its guests and invitees attending the City's 4th of July celebration. The litter and trash will be removed within forty-eight (48) hours ofthe termination of this Agreement. If Licensee fails to remove the trash and litter within said time period, Owner may, upon prior written notice to Licensee, cause the trash and litter to be removed and the Licensee will reimburse Owner the reasonable cost for said removal. 5. Security Deposit. No security deposit shall be required from the Licensee. 6. Parkin~. Licensee and its guests and invitees of the City's 4th of July celebration shall be permitted to park their vehicles on the Property during the term of this Agreement. Vehicles shall be parked in such a fashion so as not to block driveways, entrance and exits to the Property, fire lanes, and any other area designated as "No Parking. " Vehicles parked in an improper fashion and/or not removed by 5 P.M.. on July 5, 2007, shall be ticketed and/or towed by Licensee or its agent. Licensee shall designate a contact person who shall be available by telephone to whom requests for ticketing and/or towing shall be directed. This individual shall facilitate enforcement of the provisions set forth in this Agreement. 7. Governine: Law and Venne. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. The parties further agree that in any dispute between them relating to this Agreement, exclusive jurisdiction shall be in the trial courts located in Seminole County, Florida, for state actions Temporary Parking License Agreement City of Winter Springs / Main Street Associates, LLC 20f4 and Orlando, Florida, for federal actions. Any objections as to jurisdiction or venue in such courts being expressly waived. 8. Non-Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise ofthat right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. 9. Non-Recordation. This Agreement will not be recorded in the public records of Seminole County, Florida. 10. Modifications. This Agreement and any Exhibits hereto may be modified only by a written instrument, which is executed with the same formality as this original agreement. 11. Licensee's Responsibility. The Licensee will be responsible for its own acts and omissions under this Agreement. To the extent permitted by law, Licensee also agrees to indemnify and hold harmless Owner from any and all liability which may arise or result from Licensee's and the public's use of the Property as set forth hereunder. 12. Headin~s. Headings are for the convenience ofthe parties and are not to be construed as part ofthis Agreement. 13. Severability. In the event any portion of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court oflaw, the remaining provisions shall be valid and enforceable. 14. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Engineer. 15. Entire Agreement. This Agreement, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between City and Owner with respect to the license specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. Temporary Parking License Agreement City of Winter Springs / Main Street Associates, LLC 3of4 16. Attornev's Fees. Should either party bring an action to enforce any of the terms of this Agr~ement, each party shall bear their own attorneys' fees and costs. 17. Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's or Owner's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's or Owner's potential liability under state or federal law. The provisions of section 768.28, Florida Statutes, are hereby deemed fully incorporated herein by this reference. IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the day first above written. CITY OF WINTER SPRINGS, a Florida Corporation By: MAIN STREET ASSOCIATES, LLC. :B~f .~tUn .street I rs,LLe. lis ~le. ,.Mt'mbt',r Date: Date: Temporary Parking License Agreement City of Winter Springs I Main Street Associates, LLC 4of4 EXHIBIT 1 EST. 1882 RI!CI!'VI!!D JUt - 3 Z007 JAMES DORAN COMPANY REAL ESTATE INVESTMENT AND DEVELOPMENT Oc,!~OFWlNTER SPRINGS THE CITY CLERK TRANSMITTAL RECEIVED JUL - 3 2007 On"'f(OIF'lflIilIlill~~~ ~~ Date: July 2, 2007 Project: Winter Springs Town Center, Winter Springs, Florida To: Randy Stevenson City of Winter Springs 1126 E State Road 434 Winter Springs, FL 32708 Ship via: X FedEx US Mail Hand Deliver E-Mail We Transmit the Following: Attached please find one (1) original Temporary Parking License Agreement for the above referenced project. For your: _ Review/Comment Distribution Information X Records Copy: John Bolton By: Dottie Kirkland 216 SEVEN FARMS DRIVE. SUITE 200 . CHARLESTON, SOUTH CAROLINA 29492 . (843) 881-7550 . FAX: (843) 849-6765 WWW.JAMESDORANCO.COM