HomeMy WebLinkAboutUS Postal Service Parking License 2002PARKING LICENSE
This License entered into by and between City of Winter
Springs, Florida (hereinafter "Licensee") and the United States
Postal Service, an independent establishment of the executive
branch of the Federal Government (hereinafter "the Postal
Service").
WHEREAS, Licensee desires to have additional parking
available for citizens and visitors to the City of Winter Springs
Fourth of July Celebration;
WHEREAS, the Postal Service is willing to make available its
public and employee parking lots at the Winter Springs Post Office
located at 1065 SR 434 E, Winter Springs, FL 32708-9998, for
public use during the Fourth of July Celebration;
NOW, THEREFORE, the Postal Service, in consideration of the
terms and obligations hereby assumed hereunder by Licensee, hereby
grants Licensee, its employees and agents, and its citizens,
visitors, assigns and sublicensees (hereinafter collectively
referred to as "guests") the right and permission to enter and
park in the public and employee parking lots of the Winter Springs
Post Office on July 4, 2002.
In consideration of the foregoing, the Licensee hereby
covenants and agrees as follows:
1. Postal Operations. All guests of the Licensee shall
transact their business in and about the Post Office so as not to
interfere with postal operations. In this respect, they shall
promptly heed and comply with all orders from the Postmaster or
his designee that he considers facilitates orderly postal
operations and the efficient and economical movement of the Mails,
including facilitating the towing of any vehicle parked on non-
paved areas of the post office property or remaining in the
employee parking lot on after 12:01 AM July 5, 2002. The
Postmaster shall have the sole and final authority to determine
what constitutes a disruption of postal operations.
2. Conduct on Postal Property. All guests of the
Licensee shall transact their business in and about the Post
Office in accordance with 39 CFR Part 232. Pursuant to 40 USC 318
and 39 CFR 232(q)(2), Licensee's police department is hereby
granted authority to enforce these regulations through the term of
this license.
Y
3. Duration of License. ~: This license shall become
effective on July 3 !~', 2002, }.2': OOpm and continue in force
thereafter until 6:OOam on July 5, 2002. This grant of license
permits parking in the employee and public parking areas between
the hours of 10:00am, July 4, 2002 and 11:30pm, July 4, 2002,
except as otherwise authorized by the Postmaster or his designee.
4. Termination. This License shall terminate and
Licensee's rights shall cease upon the expiration of the terms of
this License as set forth in Paragraph 3. The provisions of
paragraphs of 8,9 and 11 shall survive term of the license
agreement until the expiration of all applicable statutes of
limitations have run for bringing claims by and against the
parties to this License.
5. Restoration of Property. Licensee shall leave the Post
Office in substantially good condition and restore it to its
original condition, excepting reasonable wear and tear and use of
Post Office for the purposes herein permitted. Licensee shall be
liable for all expenses incurred by the Postal Service in picking
up litter and trash on post office grounds. An invoice for this
expense, which is agreed not to exceed $100, shall be submitted by
the Postmaster to Licensee for this expense and Licensee shall
remit payment to Postmaster within 4 weeks of receipt. Damage
and/or indemnification claims shall be set forth separately.
6. Security Deposit. None.
7. Parking. Licensee's guests and invitees shall be
permitted to park in the paved areas of the post office. Parking
on the grass shall be prohibited and Licensee agrees to ticket
and/or tow any vehicle parked in a non-paved area. Vehicles shall
be parked in such a fashion so as not to block driveways, entrance
and exits to the facility parking lots, fire lanes, any areas
designated as "No Parking"on Exhibit 1, or any other area
determined to be off limits by the Postmaster or his designee.
Vehicles parked in an improper fashion and/or not removed by 12:01
AM on July 5, 2002 shall be ticketed and/or towed by Licensee or
his agent. Licensee shall designate a contact person who shall be
available by telephone for the duration of the license to whom
requests for ticketing and/or towing shall be directed. This
individual shall facilitate enforcement of the provisions set
forth in this License.
8. Release of Liability. The Licensee releases the Postal
Service from any right of action, claim, or demand which may
accrue to it by reason of the loss of any Licensee, employee,
invitee, guest or agent property located at the Post Office under
this license, and further agrees to indemnify the Postal Service
and save it harmless up to $1,000,000 dollars from all claims,
demands, damages, actions, attorneys' fees, costs and charges to
which the Postal Service may be subject, or which it may have to
2
pay, by reason of any injury to any person or property, or loss of
life or property, suffered or sustained by any agent, sublicensee,
invitee, citizens guests or employee of the Licensee while in,
upon, or about the Post Office.
9. Indemnification. The Licensee agrees to indemnify the
Postal Service and save it harmless up to $1,000,000 from all
claims (including those arising out under the Federal Employee
Compensation Act), demands, damages, actions, costs and charges to
which the Postal Service may sustain, be subject, or which it may
have to pay, by reason of any injury to any person or property
(including that of the U.S. Postal Service), or loss of life or
property, suffered or sustained by the Postal Service, any postal
employee or postal patron while in, upon, or about the Post
Office, that arises from the negligent acts or omissions of the
Licensee, its employees, guests, invitees, sublicensees or agents.
10. Governing Law. Federal Law shall apply to the
interpretation of this License Agreement and to any disputes
arising out of the matter set forth herein. Jurisdiction of all
disputes arising out this License shall lie with the United States
district courts pursuant to 39 U.S.C. X409.
11. Liquidated Damages. If any court or judicial body
determines that Licensee or the Postal Service, or its employees,
breached any obligation under this License, it is agreed that
damages, including costs and attorneys fees, shall not exceed
$1.00.
12. Alteration of License. This document and Exhibit 1 set
forth the entire agreement and may not be altered except by
another writing signed by authorized agents of the parties.
UNITED STAT S POSTAL SERVICE
BY:
Linda Carlson
Postmaster
CITY OF WINTER SPRINGS
~'
' ,~ 71~~
By I ~-r . !~.,-~
Ron McL~*r.ore.
C iTY MAI~E~GER
Date : S ~ ~Y
Date:
S`_ 3,; _ ,;,,~
3
CERTIFICATE
I, ~~:-,/ ~'I `~C~il1~.>/(,~- certify that I am Ci~~N4~'~~.~UC ~' (title)
of the City of Winter Springs, Florida; that ,>~a~v /J,l ~~~i~~.RC=~ who
signed this licensed agreement for the City, was then the City Manager
for Winter Springs, Florida and that this agreement was duly signed for
and on behalf of the City of Winter Springs by authority of its governing
body and within the scope of its powers. Witness my hand and the seal of
this City this
B S` s ~-
~.al )
~C
day of i l1 ~ 1~3 ~ ~ ` ~.
ANDREA LORENZO-LUACES
MY COMMISSION # CC 831931
EXPIRES: May 9, 2003
1904gNOTARY F6e. Notary Sendoe & Bonding Co.
4