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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