HomeMy WebLinkAboutcocc_prca_aero_space_workers_parking_agreement_20231204 Parcel ID:24-37-23-CG-52-3
ACCESS AND PARIUNG LICENSE AGREEMENT
This Grant of Access and Parking License Agreement is made this I day of
, 2023,by AERO SPACE WORKERS,INC.,having an address of 271 Taylor
Avenue, Cape Canaveral, Florida 32920, (hereinafter called "Grantor"), in favor of CITY OF
CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, having a mailing address
of 100 Polk Avenue, Cape Canaveral, Florida 32920 ("Grantee").
WITNESSETH:
WHEREAS,Grantor is the sole owner in fee simple of certain real property in the City of
Cape Canaveral, Brevard County, Florida, which has a current address of 271 Taylor Avenue,
Cape Canaveral, Florida 32920 and is described as:
Lots 3 thru 8, Block 52, according to the Plat of Avon-by-the-Sea, recorded at Plat
Book 3, Page 7A of the Official Records of Brevard County,Florida.
("Property"); and
WHEREAS, Grantor has parking lot located on the Property that it would like to make
available to Grantee for public use during the Friday Fest Event held by the Grantee from time to
time in the proximate area of the Property; and
WHEREAS, Grantor will permit the public to have access to, and use, the parking lot
during Friday Fest Events under the terms and conditions stated herein; and
WHEREAS, Grantee believes there is a public need for the use of the parking lot located
on the Property during Friday Fest Events; and
NOW, THEREFORE, in consideration of the enumerated public purposes stated herein,
and the mutual covenants, terms, and conditions and restrictions contained herein, together with
other good and valuable consideration, the receipt and sufficiency of which is acknowledged,
Grantor and Grantee provide as follows:
1. Recitals. The foregoing recitals are hereby incorporated herein by this reference.
2. Grant of License. Grantor hereby voluntarily grants to Grantee,and its successors
and assigns, for public use, subject to any previous duly recorded easements or grants of record, a
temporary, non-exclusive license over, under, through, and across the parking lot and all ingress
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City of Cape Canaveral/Aero Space Workers, Inc.
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and egress driveways on the Property (hereinafter the "License"). Said License shall be of the
nature and character and to the extent hereinafter set forth.
3. Purpose of License. This License is granted for the express purpose of allowing
the public to have non-exclusive use of the parking lot located on the Property during Grantee's
Friday Fest Event, which are held monthly with the exception of January and July. In addition,the
purpose of this License shall include: (i) to allow Grantee, at its discretion, to stripe the existing
parking spaces, install lighting, barriers, signage, and trash receptacles to support public parking
during the Friday Fest Event; (ii)to allow Grantee to repair and replace any damage to the parking
lot located on the Property caused by the Grantee or the public arising from the use of the parking
lot during the Friday Fest Event; and (iii) to allow Grantee, as well as its guests and invitees and
the public, vehicular and pedestrian passage and parking over, upon and across the parking lot
(excluding grass areas) located on the Property during the Friday Fest Event.
4. Rights of Grantee. To accomplish the purposes stated above, and at Grantee's
expense, the following rights are conveyed to the Grantee by this License:
A. To have the temporary, non-exclusive use of the Property to utilize the parking lot
located thereon for public parking during the Friday Fest Event;
B. To use this License for ingress and egress over, upon, and through the Property to
access and use the parking lot located on the Property for the Friday Fest Event;
C. To cut, trim, and keep clean such trees, brush, and undergrowth that might hinder
or prohibit the use of the parking lot for the Friday Fest Event;
D. At Grantee's sole and absolute discretion, to maintain, inspect, replace, repair, or
improve the parking lot located on the Property for purposes of supporting the Friday Fest Event;
E. At Grantee's sole and absolute discretion, to stripe the existing parking spaces
located on the Licensed Premises and install lighting, barriers, signage, and trash receptacles to
support the Friday Fest Event; and
F. To enjoy all other rights and privileges reasonably and customarily necessary or
convenient for Grantee's and the public's safe and efficient use of the parking lot during the Friday
Fest Event.
5. Permits. To the extent that Grantee is required to obtain permits to support
Grantee's rights stated hereunder, Grantor, as fee simple owner of the Grantor's Property, hereby
agrees to allow Grantee to make application for said permits and also agrees to join in any said
permit (as signatory or otherwise) when required by any permitting agency for issuance of the
permit. Notwithstanding, Grantee shall be solely responsible and liable for all permit fees and
related costs, and for complying with any local, state, or federal permit requirements, obligations,
and duties (if any) related to the use of the parking lot by Grantee.
6. Maintenance and Compensation. There shall be no monetary compensation
given by Grantee for the Access and Parking License granted hereunder. Grantor agrees to provide
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City of Cape Canaveral/Aero Space Workers, Inc.
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general maintenance of the parking lot located on the Property as would normally and reasonably
be required to maintain the parking lot for the building located on the Property. General
maintenance shall include repairing normal wear and tear, potholes, regular painting and re-
striping (unless otherwise provided by Grantee hereunder), and cleaning and removing any litter
and debris. To the extent it is reasonably determined that damage to the parking lot is caused by
the public's authorized use of the parking lot, the Grantee shall be responsible for making such
repairs. Grantor shall immediately notify the City Manager or the Grantee's Parks, Recreation +
Community Affairs Director of any damage that occurs to the parking lot as soon as it is
discovered, which should occur as soon as possible upon the opening of regular City business
hours after the evening and early morning use of the parking lot by the public. However, unless
otherwise agreed to in writing by Grantee,nothing hereunder shall require Grantee to provide any
other maintenance of the Property.
7. Public Use. Grantor agrees that the parking lot located on the Property shall be
dedicated for public use for purposes of supporting the Friday Fest Event under the terms and
conditions of this License. The public's use of the parking lot shall commence three (3) hours
before the Friday Fest Event and end three (3) hours after the Friday Fest Event. However, in
addition to having access and use of the Property on the day of the Friday Fest Event, the Grantee
shall also have access to the Property the day before the Friday Fest Event for set-up purposes and
the day after the Friday Fest Event for clean-up purposes. The parking rights granted hereunder
shall not extend to: inoperable vehicles; vehicles not bearing current registrations (with the
exception of golf carts); semi-tractors or trailers; boats and/or boat trailers; or buses of any kind or
size. The Grantor reserves the right to have any violating vehicles towed from the Property.
Further, the License shall be limited solely to parking spaces on the Property, in such locations as
they appear from time to time, and Grantor reserves the right to reconfigure the Property(subject
to applicable site plan approval and permitting) from time to time, including the relocation,
increase in number, or reduction in number of parking spaces on the Property. In no event shall
the scope of this License include, nor shall it be deemed to include, the locations of any structures
or vertical improvements on the Property at any time.
8. Signage. Grantor agrees to allow Grantee to post signs at the entrances of the
Property and in any other locations deemed necessary by the Grantee which state that the parking
lot located on the Property is available for public use as a parking lot during the Friday Fest Event.
The parties will cooperatively work on an additional sign indicating that the parking lot is for
private purposes at all other times.
9. Grantee's Right of Entry. Grantee is hereby granted the right of entry onto the
Property for purposes of determining Grantor's compliance with this License and exercising
Grantee's rights under this License.
10. Attorney's Fees. In the event of any legal action arising under this License
between the parties, each party shall be responsible for its own attorney's fees, court costs, and
expenses, through all appellate proceedings.
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City of Cape Canaveral/Aero Space Workers, Inc.
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11. Grantor's Use of Property. Subject to and conditioned upon the provisions of
Paragraphs 3 and 4 of this License Agreement, Grantor hereby reserves for itself the right to use
the parking lot located on the Property; provided, however, that Grantor's use may not(i) violate
any provision of this License Agreement, or (ii) unreasonably interfere with any of Grantee's
licenses, rights or interest under this License. Grantor agrees that it shall not fence or gate the
entrances to the Property as it is the intent of this License Agreement to allow the public easy and
safe access to the parking lot located on the Property.
12. Liability. To the extent permitted by law, and without waiving Grantee's right to
sovereign immunity, each party to this Agreement shall be responsible for any and all claims,
demands, suits, actions, damages, and causes of action related to or arising out of or in any way
connected with its own actions and omissions, and the actions of its personnel and agents, in
performing their obligations and responsibilities under this License Agreement. In addition,
Grantee, to the extent permitted by law, and without waiving Grantee's right to sovereign
immunity, shall indemnify and hold harmless Grantor from and against any and all claims,
demands, suits, actions, damages, and causes of action related to or arising out of or in any way
connected with the Grantee's and public's use of the parking lot during the Friday Fest Event.
Nothing in this Agreement is intended to inure to the benefit of any third party for the purpose of
allowing any claim which would otherwise be barred under the doctrine of sovereign immunity or
by operation of law. The Grantee shall have no obligation to indemnify the Grantor under this
Agreement for any amounts paid in settlement of any action, suit or proceeding without the
Grantee's prior written consent and nor shall the obligation to indemnify be assignable to any third
party.
13. Grantor's Representations and Warranties. Grantor hereby agrees and makes
the following representations and warranties to Grantee:
A. Grantor is lawfully seized of said Grantor's Property in fee simple and has full and
lawful authority to execute this License, grant the License to Grantee, and bind the Grantor's
Property as set forth herein.
B. The Grantor's Property is free of any and all encumbrances, except zoning
restrictions and prohibitions and other requirements imposed by government authority and other
encumbrances which are recorded in the public records of Brevard County, Florida, that would
prohibit or interfere with this License Agreement.
C. Grantor shall pay any and all taxes that are levied on Grantor's Property, from time
to time, as said taxes and assessments come due.
D. Grantor hereby warrants the title to the License granted hereunder over, under, and
across the Grantor's Property and will defend the same against lawful claims of all persons
whomever.
14. Sovereign Immunity. Notwithstanding any other provision set forth in this
License Agreement, nothing contained in this License Agreement shall be construed as a waiver
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City of Cape Canaveral/Aero Space Workers, Inc.
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of the Grantee's right to sovereign immunity under section 768.28, Florida Statutes, or other
limitations imposed on the Grantee's potential liability under state or federal law. As such, the
Grantee shall not be liable under this License Agreement for punitive damages or interest for the
period before judgment. Further, the Grantee 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 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 License Agreement.
15. Notice. All notices, demands, requests, consents, approvals or other
communications (collectively, "Notices") required or permitted to be given hereunder or which
are given with respect to this License shall be effective only if in writing and delivered by personal
service, or delivered to an overnight courier service with guaranteed next day delivery or mailed
by registered or certified mail, return receipt requested,postage prepaid, addressed as follows:
TO GRANTEE:
Attn: City Manager
City of Cape Canaveral, Florida
100 Polk Avenue
Cape Canaveral, FL 32920
TO GRANTOR:
Attn: President
Aero Space Workers, Inc.
271 Taylor Avenue
Cape Canaveral, Florida 32920
or to such other address as such party shall have specified most recently by like Notice.
Any Notice given as provided herein shall be deemed received as follows: if delivered by personal
service, on the date so delivered; if delivered to an overnight courier service, on the business day
immediately following delivery to such service; and if mailed, on the third business day after
mailing.
16. Governing Law and Venue. This License Agreement shall be governed by the
laws of the State of Florida. Venue for all disputes shall be properly placed in Brevard County,
Florida or the Orlando Division of the Middle District of Florida for federal court actions. The
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City of Cape Canaveral/Aero Space Workers, Inc.
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parties agree that the License Agreement was consummated in Brevard County, and the site of the
License is in Brevard County, Florida.
17. Entire Agreement. This License Agreement constitutes the full and entire
agreement between the parties hereto and supersedes any oral or written prior communications
between the parties related to the subject matter contained in this License.
18. Modifications. This License Agreement shall only be modified by a written
instrument executed by the parties hereto or any successor,assigns heirs,or representatives thereto.
19. Duty of Noninterference. Grantor agrees not to interfere or allow others to
interfere with Grantee's rights to use the Grantor's Property, including as specifically set forth
herein.
20. Effective Date; Term; Termination. This License Agreement shall
become effective and binding upon the parties at such time the last party hereto fully executes this
Agreement. Upon execution of this Agreement by the parties, the parties agree that this License
Agreement shall remain in full force and effect unless either party terminates this License
Agreement by providing the other party with at least thirty (30) days prior written notice. Upon
termination, Grantee shall remove any lighting installed by Grantee and reasonably restore the
ground surface affected by the removed lighting.
21. Severability. If any provision, or a portion thereof, of this License Agreement, or
the application thereof to any person or circumstances shall, to any extent, be held invalid,
inoperative or unenforceable, the remainder of this License Agreement or the application of such
provision,or portion thereof,to any persons or circumstances shall not be affected thereby and the
remainder of this License Agreement shall be given effect as if such invalid, inoperative or
unenforceable portion has not been included; such invalid,inoperative or unenforceable provision,
or portion thereof, or the application thereof to any person or circumstances, shall not be given
effect.
IN WITNESS WHEREOF, Grantor and Grantee set their respective hands on the day
and year above written.
[Signature Page Follows]
License Agreement
City of Cape Canaveral/Aero Space Workers, Inc.
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AERO SPACE WORKERS,INC.
,.; ' =. MOLLY ABAIGAU.THOMAS
itMY COMMISSION I HH 252187
eEXPIRES: 30 2026
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Print Name:<,/,
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Date: /)e- Se.. 217z-3
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STATE OF FLORIDA
COUNTY OF-r-¢_xi c,&.,c
The foregoing instrument was acknowledged before me by means of( ) online notarization or
(x ) physical presence, this "-( day of D ,ry ,(-- , 2023, by
Jam(;e.k ei i l 'B.?►tit((*( c , as �r-9_p',d, l ,k;}-- of Aero Space Workers,
Inc., who is personally known to me or C who has produced F'... DL ?e (2 -54 Z- (p'!-'1?I-O
as identification.
4..
Notary Public
PRINT/TYPE NAME:Ao((Li I\. Q,"
Notary Public in and for the Cohnty and State last aforesaid.
My Commission Expires: q-06 — 2C12
Serial No., if any: -t 252 I gl
CITY OF CAPE CANAVERAL, FLORIDA
T Morley, City Ma ger
Date: / ; x`/2.3
ATTEST:
' (iI4V---2(21(4
a.
Mia Goforth, City Clerk
License Agreement
City of Cape Canaveral/Aero Space Workers, Inc.
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