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HomeMy WebLinkAboutBlumberg, Juanita Temporary License Agreement - 2015 03 26THIS TEMPORARY LICENSE AGREEMENT ("Agreement") is made and entered into as of the,2&Mdav of 2015, ("Effective Date" ) by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("Licensee"), and JUANITA BLUMBERG, as Trustee of the Juanita D. Blumberg Revocable Trust dated May 3, 2004 ("Owner "). WITNESSETIL WHEREAS, Licensee annually conducts various special events in the general vicinity of the Winter Springs Town Center ("Special Events"); and WHEREAS, Licensee is in need of additional off-street parking spaces in this area during the Special Events in order to provide for the proper flow of traffic and to protect the public safety and welfare; and WHEREAS, Owner owns certain unimproved real property within the City, generally located at the northwest corner of Blurnberg Boulevard and Tuskawilla Road, as more particularly described herein on Exhibit "A"; and WHEREAS, Owner desires to permit Licensee to use a certain portion of said real property for purposes of providing additional space for parking during the Special Events for a five-year time period; and NOW, THEREFORE, in consideration of mutual covenants and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the par -ties hereto agree as follows: 1. Incorporation of Recitals. The foregoing recitals are true and correct and by this reference are fully incorporated into this Agreement. 2. Term of License Agreement. This Agreement shall be effective for a time period of approximately five (5) years, commencing on the Effective Date, and terminating on December 31, 2019, and only during the following City Special Events for the dates and times indicated below during said five-year time period: A Scottish Ifighland Games. Beginning at 8AM and terminating at 10:OOPM on each day that the Scottish Highland Games Special Event is held. The Scottish I I igh land Games Special Event is generally held in January of each calendar year. Licensee shall ir-_rA-4**wf tlim"W, i:�. I I least thirty (30) days in advance of the Special Event. i Lai I I ka D 1611111 I U I I #.Ctg Page I of 4 B. Spririg Family Festival — Beginning at 4:00 PM and terminating at 10:00 PM on each day that the Spring Family Festival Special Event is held. The Spring Family Festival Special Event is generally held in March of each calendar year. Licensee shall provide Owner with notice of the date(s) of the Spring Family Festival Special Event at least thirty (30) days in advance of the Special Event. C. Celebration of Freedom — On July 4 th of each calendar year, beginning at 12:00 PM and terminating at 11:59 PM. D. I-Iometown I-1arvest — Beginning at 12:00 PM and terminating at 10:00 PM on each day that the Hometown Harvest Special Event is held. The Hometown Harvest Special Event is generally held in October of each calendar year. Licensee shall provide (30) days in advance of the Special Event. E. Winter Springs Festival of the Arts — Beginning at 7:00 AM and terminating at 8:00 PM on each day that the Special Event is held. The Winter Springs Festival of the Arts Special Event is generally held in October of each calendar year, Licensee shall provide Owner with notice of the date(s) of the Winter Springs Festival of the Arts Special Event at least thirty (30) days in advance of the Special Event. R Veteran's Day Memorial Service — Beginning at 8:00 AM and tenninating at 8:00 PM on November I I Ih of each calendar year. G. Winter Wonderland — Beginning at 12:00 PM and terminating at 10:00 PM on t: each day that the Winter Wonderland Special Event is held. The Winter Wonderland Special Event is generally held in December of each calendar year. Licensee shall thirty (30) days in advance of the Special Event. I Termination of License Agreement. This Agreement shall automatically termina and Licensee's rights shall cease on December 3 t. 2019. 1 4. The real property subject to the terms and conditions of this Agreement is generally located at the northwest comer of Blumberg Boulevard and Tuskawilla Road, and is identified by the Seminole County Property Appraiser as Parcel Id. No. 26-20-30-5AR-0B00-028E (hereinafter referred to as "Property"). 6. Parkin . During the terms identified in Section 2, herein, Licensee and its guests anc invitees of the City's Special Events shall be permitted to park their vehicles on the Property. Vehicles shall be parked in such a fashion so as not to block driveways, entrances to and exits from the Property, I 177y ot w inter Springs 7 MIMI 51,1110cig Page 2 of 4 fire lanes, and any other area designated as "No Parking." Vehicles parked in an improper fashion ww6k-ir nu 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. Restoration of property. Upon the conclusion of each City Special Event identified in Section 2, herein, Licensee shall leave the Property in substantially good condition and restore it to its condition immediately preceding the most recent Special Event, 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 • caused by Licensee and its guests and invitees attending the Special Events. The litter and trash will be removed within forty-eight (48) hours of the termination of each Special Event. If Licensee fails to remove the trash and litter within said time • Owner may, upon • written notice to Licensee, cause the trash and litter to be removed and the Licensee will reirnburse Owner the reasonable cost for said removal. 8. Governin Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. The • further agree that in any dispute between them relating to this Agreement, exclusive jurisdiction shall • in the trial courts located in Seminole County, Florida, for state actions and Orlando, Florida, for federal actions. Any objections as to jurisdiction or venue in such courts being expressly waived. 9. Non -Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. 10. Non -Recordation. This Agreement will not be recorded in the public records of Seminole County, Florida, 11. 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. 12. Licensee's Responsibility. The Licensee will be • for its own acts and omissions under this Agreement. To the extent permitted bylaw, Licensee also agrees to indemnify and hold harmless Owner from any and all liability which may arise or result from Licensee's and the • use of the Property as set forth hereunder. 13. e i s. Headings are for the convenience of the parties and are not to be construed as part of this Agreement. 14. SeverIn the event any portion of this Agreement is deemed invalid, against public policy, void., or otherwise unenforceable by a court of law, the remaining provisions shall be valid and enforceable. =rpvy—i rnTrcT-_TrTTrfgT-r7MTffR- .411 6-M-7 f Page 3 of 4 15. Third Party Riehts. Nothing in this Agreement shall • construed to give any righ or • to anyone other than Licensee and Owner. I 16. Entire e This Agreement, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between Licensee and Owner with respect to the licenses ecifie and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 17. • Fees. Should either • bring an action to enforce any of the terms of th Agreement, each party shall bear their own attorneys' fees and costs. I 18. Sovereign Immunity., • any other provision set forth in this Agreeme nothing contained in this Agreement shall •. construed as a waiver of the Licensee's right to soverei immunity under Section 768.28, • Statutes, or other limitations imposed on the License •i liability under state or federal law. As such, the Licensee shall not be liable under th Agreement for • damages or interest for the period before judgment. Further, the Licensee sh not be liable for an�, claim or-LidLzment, or yortion thereof t none erson for more than two hundr1l thousand •.... ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled wi all other claims or judgments paid by the State or its agencies and subdivisions arising out of the sa incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). T]h paragraph shall survive termination of this Agreement. IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the day first above written. 1113MINR JUANITA D. BLUMBERG, as Trustee of the Juanita D. •, • Trust • May 3, 2004 J nita D. Blum berg a • • corporation Ke ,y(n Smith/City Manager TEMPORARY LICENSE AGREEMENT City of Winter Springs / Juanita Blumberg Page 4 of 4