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HomeMy WebLinkAboutBlumberg, Juanita Temporary License Agreement - 2014 01 15TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AGREEMENT ( "Agreement ") is made and entered into as of the o ''day of January, 2014, 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 "). WITNESSETH: WHEREAS, Licensee will be conducting various special events during the course of 2014 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 Blumberg 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; 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: L Term of License Agreement. This Agreement shall be effective only during the following City Special Events for the dates and times indicated below: A. Scottish Highland Games — January 18 and 19, 2014 beginning at 8:00 AM terminating at 10:00 PM each day. B. Spring Family Festival — March 15, 2014 beginning at 12:00 PM and terminating at 10:00 PM. C. Celebration of Freedom — July 4, 2014 beginning at 12:00 PM and terminating at 11:59 PM. D. Hometown Harvest — October 11, 2014 beginning at 12:00 PM and terminating at 10:00 PM. TEMPORARY LICENSE AGREEMENT City of Winter Springs / Juanita Blumberg Page 1 of 4 E. Winter Springs Festival of the Arts — October 18 and 19, 2014 beginning at 7:00 AM and terminating at 8:00 PM each day. F. Veteran's Day Memorial Service — November 11, 2014 beginning at 8:00 AM and terminating at 5:00 PM. G. Winter Wonderland — December 6, 2014 beginning at 12:00 PM and terminating at 10:00 PM. 2. Termination of License Agreement. This Agreement shall automatically terminate and Licensee's rights shall cease upon the termination of the final Special Event identified in Section 1G., herein. 3. Property. The real property subject to the terms and conditions of this Agreement is generally located at the northwest corner of Blumberg Boulevard and Tuskawilla Road, and is identified by the Seminole County Property Appraiser as Parcel Id. No. 26- 20- 30- 5AR- OB00 -028E (hereinafter referred to as "Property "). 4. Securit�Deposit. No security deposit shall be required from the Licensee. 5. Parking. During the terms identified in Section 1, herein, Licensee and its guests and 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, fire lanes, and any other area designated as "No Parking." Vehicles parked in an improper fashion and/or not removed by the time frames identified herein 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. 6. Restoration of Property. Upon the conclusion of each City Special Event identified in Section 1, 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 Property 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 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. 7. Governing Law and Venue. 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, TEMPORARY LICENSE AGREEMENT City of Winter Springs / Juanita Blumberg Page 2 of 4 Florida, for state actions 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 of that 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 maybe 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. Headings. Headings are for the convenience of the parties and are not to be construed as part of this Agreement. 13. Severability. In 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. 14. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Licensee and Owner. 15. Entire Agreement. This Agreement, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between Licensee and Owner with respect to the license specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 16. Attorney's Fees. Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear their own attorneys' fees and costs. 17. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the Licensee's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the Licensee's potential liability under state or federal law. As such, the Licensee shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the Licensee shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or TEMPORARY LICENSE AGREEMENT City of Winter Springs / Juanita Blumberg Page 3 of 4 judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This 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. OWNER: JUANITA D. BLUMBERG, as Trustee of the Juanita D. Blumberg Revocable Trust LICENSEE: CITY OF WINTER SPRINGS, a Florida municipal corporation M, 2004 ry a Juanita D. Blumberg Kev' Smithi C64, Ma pager TEMPORARY LICENSE AGREEMENT City of Winter Springs / Juanita Blumberg Page 4 of 4 a cz, LL cqo n °v Cl WNXPNM 0 N