HomeMy WebLinkAboutOak Manor Temporary Construction Agreement 4-1-13TEMPORARY CONSTRUCTION LICENSE AGREEMENT
THIS TEMPORARY CONSTRUCTION LICENSE AGREEMENT ("Agreement") is
made this r day of , 2013 by and between Oak Manor Mobile Home Park, LLC,
a Florida limited liability ompany ("Owner"), and the City of Cape Canaveral, a Florida municipal
corporation ("City").
WITNESSETH:
WHEREAS, Owner is the current fee simple owner of certain real property known as the
Oak Manor Mobile Home Park and generally located in the northwest quadrant of the intersection
of North Atlantic Avenue and Central Boulevard in Cape Canaveral, Florida, more particularly
identified herein ("the Property"); and
WHEREAS, the City intends to conduct the North Drainage Way Improvement project on
its drainage ditch located directly adjacent to and west of the Property ("the Project"); and
WHEREAS, during the Project, it will be necessary for the City and its authorized
contractors to use and occupy a portion of the Property identified herein in order to access the City's
drainage ditch in furtherance of the Project; and
WHEREAS, Owner desires to grant the City a temporary construction license during the
term of the Project over the Property for the limited purposes stated herein; and
WHEREAS, Owner and the City desire to memorialize the terms and conditions of their
agreement as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the receipt
and sufficiency of which is acknowledged by both parties hereto by their execution of this
Agreement, the parties hereby agree as follows:
1.0 Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated
herein by this reference.
2.0 The Property. The real property affected by this Agreement is identified as the Oak Manor
Mobile Home Park, generally located at 8705 North Atlantic Avenue in the northwest quadrant of
the intersection of North Atlantic Avenue and Central Boulevard in Cape Canaveral, Florida. The
parcels subject to this Agreement are identified by the Brevard County Property Appraiser as Parcel
Id 24-37-14-28-00000.0-OOOC.01 and Parcel Id 24-37-14-28-00000.0-OOOD.01.
3.0 Temporary Construction License.
3.1 Grant of License. Owner hereby voluntarily grants and conveys to the City and its
duly authorized contractors, subject to any previous and duly recorded easements or grants
of record, a non-exclusive, temporary construction license over, through, and across the
western -most seventy-five feet (75') of the Property ("License Area"). The License Area
subject to this Agreement is depicted on Exhibit "A," attached hereto, and is more
particularly identified on the aerial photo as that portion of the Property located between the
hash marks and the Property's western boundary.
3.2 License Purpose. The purpose of this temporary construction license is to provide
the City access to the drainage ditch that runs north from Central Boulevard along the
Property's western boundary in order to construct the Project. This includes the right to use
the existing driveway access to Central Boulevard and may include the temporary storage of
equipment and materials, including dredged materials.
3.3 Owner's Use of the License Area and Property for Storage. The Owner is currently
using the License Area and the Property for the storage of recreational vehicles, trailers, boats
and other trailerable items and such use may be temporarily disrupted during the City's use
of the License Area. Such disruption in use, for as long as this Agreement is in effect, shall
not constitute the Owner's temporary or permanent abandonment of such use of the License
Area or the Property for storage. Once this Agreement is terminated pursuant to the terms
set forth herein, the Owner may resume using the License Area and the Property for the
storage of recreational vehicles, trailers, boats and other trailerable items consistent with the
provisions of the Cape Canaveral Code of Ordinances.
3.4 Termination of License. This Agreement shall automatically terminate upon the
following:
A. The City's failure to enter into a contract for the Project's construction within
three (3) months of the Project's bid opening; or
B. No activity occurring on site and the apparent discontinuation of the Project
for three (3) consecutive months; or
C. Completion of the Project and full compliance with all restoration conditions
set forth herein.
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D. In no event shall this Agreement remain in effect for more than twe , fetir
(24) months from the date of this Agreement. U N k e s > � 17 r* e e "v toy J5A A- PaOt�44
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3.5 Property Use, Restoration and Conditions. Prior to termination of this Agreement,
the City shall ensure that the following conditions are met and that the License Area and
Property is restored to its original condition, which includes, but is not limited to the
following:
A. The existing culvert that runs east/west under the License Area shall be
connected to the Project such that it continues to convey stormwater runoff in an
amount equal to or greater than its current capacity;
B. There is a concrete pad located in the north section of the License Area that
is surrounded by a chain link fence. The City may remove the chain link fence in
order to construct the Project. If the City removes the chain link fence during
construction, when the project is complete, the City shall replace the chain link fence
with a fence of the same height along the west side of the concrete pad. There shall
be no need for the City to replace the chain link fence on any other side except for the
west side;
C. Remove all temporarily stored equipment and materials, including dredged
materials;
D. Regrade the License Area so that it is equal to or better than the original
condition in order to make sure that the new grade does not cause stormwater to back
up on the Property. Currently, stormwater flows across the surface of the License
Area and drains into the existing drainage ditch. The License Area shall be restored
so that the historic drainage pattern continues upon the termination of this
Agreement. The drainage ditch dredged materials shall not be spread upon or be
used to regrade the License Area;
E. Repair any damage to the Central Boulevard driveway access caused by the
City;
F. Repair or replace any of the vegetative screening located within the License
Area damaged during construction;
G. Repair and restore the Property access road located within the License Area
to equal to or better than its original condition.
4.0 Owner's Duty of Non -Interference. Owner agrees not to interfere or allow others under
Owner's control to interfere with the City's rights to use the Property as specifically set forth herein.
5.0 Liability. Each party hereto shall be liable for its own acts and omissions and the acts and
omissions of its own employees, officers, agents, and contractors.
6.0 Representations. The undersigned signatories each represent and warrant for themselves
and their respective agencies, that they have the full power and authority to execute this Agreement
on behalf of their respective agency. Further, that upon execution by them, this Agreement shall
constitute a valid and binding obligation on their respective agency.
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7.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign
immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential
liability under state or federal law. As such, the City shall not be liable under this Agreement for
punitive damages or interest for the period before judgment. Further, the City 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 Agreement.
8.0 Indemnification. To the extent provided by law and subject to the limitations set forth in
paragraph 7.0 of this Agreement, the City agrees to indemnify, defend and hold harmless Owner
from and against all claims, losses, damages, personal injuries (including but not limited to death),
or liability, arising from, out of, or caused by: the City's, its officers', employees', agents', or
contractors' negligent or intentional acts, errors, or omissions in conducting the Project, except to
the extent of the negligence or wanton misconduct of Owner.
9.0 Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Florida. Venue for all disputes shall be properly placed in Brevard County, Florida. The parties
agree that the Agreement was consummated in Brevard County, and the site of the license is in
Brevard County, Florida.
10.0 Attorney's Fees. Should either party bring an action to enforce any of the terms of this
Agreement, each party shall bear their respective legal fees and costs.
IN WITNESS WHEREOF, the parties have set their hands and seals hereto on the day and
year first above written.
Witnesses:
Print Name:
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Print Name: cro, ,
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OWNER:
Oak Manor Mobile Home Park, LLC
a Florida limited liability company.
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Betty T. G uld, Managing Member
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged and executed before me, this day of
, 2013 by Betty T. Gould, as Managing Member of Oak Manor Mobile Home
Park, LLC, who is personally known to me or who produced as
identification.
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MIA GOFORTN ° `" ; Notary Public - State of Florida
. My Comm. Expires May 16. 2013
Commission N DD 853695
Bonded Through National Notary Assn.
Attest:
Ange a Apperson, City Clerk
CITY SEAL:
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My Commissi xpires:
CITY:
The City of Cape Canaveral,
A Florida municipal corporation.
David L. Greene, City Manager
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PLEASE NOTE:
Betty Gould, Owner of Oak Manor Mobile Home Park, LLC, requested April 1, 2013 as the official date of
this Temporary Construction License Agreement.
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