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
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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
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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.
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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:
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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