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
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least thirty (30) days in advance of the Special Event.
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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
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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,
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fire lanes, and any other area designated as "No Parking." Vehicles parked in an improper fashion
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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.
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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
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