1848 CJ Florida Holdings Mobile Food Vendor 's
7-
PLANNING & DEVELOPMENr Vl
TRANSMITTAL MEMORANDUM
To: City Clerk
E: Request for Services: Safe Keeping of Vendor ROW License—CJ Florida Holdings
LLC
The item(s)noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order ❑ Mayor's signature
❑ Final Plat(original mylars) ❑ Recording
❑ Letter of Credit ❑ Rendering
❑ Maintenance Bond ® Safe keeping (Vault)
❑ Ordinance
❑ Performance Bond
❑ Resolution
® ROW License
❑ Quit Claim/Warranty Deed/Deed of Conveyance
❑ Utility Easement
Once completed,please:
❑ Return original
❑ Return copy
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
Christopher Smith, Project Manager _07/05/2017
From Date
CJ FLORIDA HOLDINGS LLC
MOBILE FOOD VENDOR LICENSE AGREEMENT
THIS MOBILE FOOD VENDOR LICENSE AGREEMENT (hereinafter called the
"Agreement") entered into this 26th day of June, 2017 by and between the City of
Sanford, a Florida Municipal Corporation, whose address is 300 North Park Avenue,
Sanford, Florida 32771, (hereinafter called the "CITY"), and CJ Florida Holdings LLC,
whose address is 277 Acorn Drive, Longwood, Florida, 32750 (hereinafter referred to as
the "LICENSEE").
WITNESSETH:
WHEREAS, the LICENSEE intends to vend certain products from a mobile
vending cart located on the south side of Seminole Boulevard in a parking space certain
located in the right-of-way for a time certain of 5 days a week and 5 hours per day, as
approved by the City Commission on June 26, 2017; and
WHEREAS, the LICENSEE is a Florida limited liability company entity (CJ
Florida Holdings LLC) and Timothy Carr and Krysty Carr are the sole
managers/members of the limited liability company; and
WHEREAS, the CITY has the obligation to protect and preserve public and
private property and maximize safe and efficient use of the City's rights-of-ways owned
by the public and its interest thereof; and
WHEREAS, the public property rights and public lands are held by the CITY for
the benefit and general use of the public; and
WHEREAS, the CITY desires to cooperate, with the LICENSEE to allow such
vending promoting the City's distinct culture and public enjoyment for a time certain to
end or extend on an annual basis, with or without cause, for a period of one-year
1
beginning on June 26, 2017 for a period terminating at midnight, on June 26th, 2017, or
such earlier time as the CITY deems appropriate in its sole and exclusive discretion to
provide the; and
WHEREAS, the LICENSEE must be comply with the CITY's Land Development
Regulations and other codes and ordinances of the CITY, Federal and State Laws; and
WHEREAS, the LICENSEE has requested authorization from the CITY to utilize
the public right-of-way for a specific private purpose.
NOW THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
SECTION 1. RECITALS. The above recitals are true and correct and form a
material part of this Agreement upon which parties have relied.
SECTION 2. PURPOSE/GRANT OF LICENSE. The purpose of this
Agreement is to grant the LICENSEE a license for the temporary authorization to allow
mobile vending moorage located on the south side of Seminole Boulevard in a parking
space certain located in the right-of-way for a time certain of 5 days a week and 5 hours
per day, as approved by the City Commission on June 26, 2017, for a time certain
commencing June 27, 2017 and terminating on June 26, 2018, or such earlier time as
the CITY deems appropriate in its sole and exclusive discretion. At the sole discretion of
the CITY, the, LICENSEE shall, terminate or otherwise remove said vending form the
CITY's right-of-way. The LICENSEE shall comply promptly with all directions of the
CITY.
SECTION 3. COMPENSATION. The LICENSEE shall pay the CITY the sum of
2
ONE HUNDRED AND 00/100THS DOLLARS ($100.00) per total duration of vending
which amounts shall be due and payable at time of application without demand from the
CITY.
SECTION 4. -RESPONSIBILITIES AND DUTIES/ADDITIONAL PROVISIONS.
(a). The LICENSEE, and their successors and assigns, shall at all times be
subject to the following conditions:
(1). The vending cart may not, under any circumstances, be located other than
the approved location and no exceptions will be allowed.
(2). The vending cart and any accessory items may occupy no more than 1
standard parking space and must be located so as to not impede pedestrian or
vehicular traffic or pose any danger thereof.
(3). The vending cart must meet all City, State and local safety and health
requirements.
(4). Operation is permitted 7 days a week, between the hours of 11:00 a.m.
and 7 p.m., except during special events, which time will require approval to participate
in the event.
(5). The approval may not be transferred.
(6). The permittee must provide a trash can and clean the area around the
vending cart of any miscellaneous paper or trash each day at closing.
(7). Approval may be revoked by the City at any time if the conditions of
approval are not being met or if the operation is determined to be a nuisance or safety
hazard as determined by the City.
3
(8). The LICENSEE must complete a pre-treatment form from the Utilities
Department.
(b). the parties agree to the following additional terms and conditions:
(1). notwithstanding anything to the contrary stated elsewhere in this
Agreement, the CITY shall have no obligation to fund any public facilities or
infrastructure necessitated by this agreement; and
(2). This Agreement is solely for the benefit of the formal parties to this
Agreement, and no right or cause of action shall accrue by reason hereof to or for the
benefit of any third party not a formal party hereto. And nothing in this Agreement,
expressed or implied, is intended or shall be construed to confer upon or give any
person or entity any right, remedy or claim under or by reason of this Agreement or any
provisions or conditions hereof, other than the parties hereto and their respective
representatives, successors and assigns; and
(3). time is of the essence of the lawful performance of the duties and
obligations contained in this Agreement and the parties covenant and agree that they
shall diligently and expeditiously pursue their respective obligations set forth in this
Agreement; and
(4). each party hereto represents to the other that it has undertaken all
necessary actions to execute this Agreement, and that it has the legal authority to enter
into this Agreement and to undertake all obligations imposed on it; and
(5). Florida law shall govern the interpretation and enforcement of this
Agreement. In any action or proceeding required to enforce or interpret the terms of this
Agreement, venue shall be in the Eighteenth Judicial Circuit Court in and for Seminole
4
County, Florida; and
(6). This Agreement is the result of bona fide arms length negotiations
between the parties and the parties have contributed substantially and materially to the
preparation of the Agreement and, to that end, this Agreement shall not be construed or
interpreted more strictly against any one party than against any other party; and
(7). In the event of any action to enforce the terms of this Agreement, the
prevailing party shall be entitled to recover reasonable attorneys' fees, paralegals' fees,
and costs incurred, whether the same be incurred in pre-litigation negotiation, litigation
at the trial level, or upon appeal; and
(8). The headings or captions of the sections and subsections contained in this
Agreement are used for convenience and reference only, and do not, in themselves,
have any legal significance and shall not be afforded any; and
(9). The exhibits to this Agreement are hereby incorporated into this
Agreement and are an integral part of this Agreement; and
(10). This Agreement constitutes the complete and entire agreement between
the parties with respect to the subject matter hereof, and supersedes any and all prior
agreements, arrangements or understandings, whether oral or written, between the
parties relating thereto, all of which have been integrated herein; and
(11). This Agreement may not be amended, changed, or modified, and material
provisions hereunder may not be waived, except by a written document, of equal dignity
herewith, approved and executed by the parties; and
(12). This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which, taken together, shall constitute one
5
and the same document.
SECTION 5. TERMINATION. The CITY may terminate this Agreement
immediately in the event of an imminent threat to the public health, safety and welfare or
in the best interests of the public as the CITY determines to be present is its sole and
absolute discretion, with or without cause.
SECTION 6. INDEMNIFICATION/INSURANCE.
(a). To the fullest extent permitted by law, LICENSEE agrees to defend,
indemnify, and hold harmless the CITY, its commissioners, agents, servants, or
employees (appointed, elected, or hired) from and against any and all liabilities, claims,
penalties, demands, suits, judgments, losses, expenses, damages, or injury of any
nature whatsoever to person or property, and the costs and expenses incident thereto
(including, but not limited to, costs of defense, settlement, and reasonable attorney's
fees up to and including an appeal), resulting in any fashion from or arising out of or
connected with the use of the CITY's property. In consideration of, and as an
inducement for, the CITY allowing the LICENSEE to use CITY property the LICENSEE,
as individuals and for all claimants including, but not limited to, any and all heirs,
assigns, executors, beneficiaries, administrators, customers, licensees, the traveling
public, pedestrians and any and all other claimants or legal representatives of
whatsoever type, nature or relationship, do hereby forever fully release, remiss,
indemnify, acquit, forever discharge, and hold harmless and blameless, the CITY and its
officers, employees and agents for any personal injury or property damage, of
whatsoever type or nature whatsoever, that the LICENSEE or any claimant, as set forth
above, or the successor of the LICENSEE, or those listed above, may suffer as a result
6
of the LICENSEE's use of CITY property. The LICENSEE recognizes and assumes any
and all risks, known or unknown, and covenant on behalf of the LICENSEE and all
claimants, as aforementioned, not to sue the CITY or its officers, employees and
agents, or any one of them, or combination of them. The LICENSEE understands that
there are possibilities for injury, etc., as a result of use of CITY property, but the
LICENSEE desires to enter this plenary release of the CITY in the context of this
Agreement.
(b). The LICENSEE shall provide insurance to the CITY in such amounts and
under such conditions as the CITY's Risk Manager, or such other designee as the
CITY's City Manager shall designate, shall determine in his sole and exclusive
discretion.
SECTION 7. NOTICES. Any notices required or permitted hereunder shall be
in writing and shall be deemed properly made when deposited in the United States mail,
postage paid, and addressed as set forth herein, or at such other address as shall have
been specified by written notice to the other party delivered in accordance herewith:
FOR THE CITY: Mr. Norton N. Bonaparte Jr.
City Manager
City of Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
With a copy to:
Mr. Fred Fosson
Risk Management
City of Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
FOR THE LICENSEE: Timothy and Krysty Carr
7
277 Acorn Drive
Longwood, Florida 32750
SECTION 8. EFFECTIVE DATE. This Agreement shall take effect upon the date
that it is executed by both parties hereto.
SECTION 9. RECORDATION. This Agreement shall not be recorded in the
Public Records of Seminole County (Land Records) and shall not constitute the granting
of an interest in real property. This Agreement constitutes only and solely a license,
revocable in nature and effect by the CITY subject to the terms and conditions of this
Agreement.
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the date first written above.
WITNESSES AS TO ALL SIGNATURES: LICENSEE/ CJ FLORIDA HOLDINGS
LLC
----------
By:
Witness # 1 Signature Timothy Carr, Manager/Member
Printed Name: So^AeL FDn Se re*�
By:
Wi'thes-t-4 2 Sipafture Krysty Carr, Manager/Member
Printed Name. 2s:<%
11 'y"l%'' LISA ANTONINI I Flori a 7
STATE OF FLORIDA Notary Public-State of Flori
State of Hori
My Comm.Expires May 21,20
Commission # FF 125242
COUNTY OF SEMINOLE) 7-77'
77 '771%
The foregoing instrument was acknowledged before me this day of
2017, by Timothy Carr and Krysty Carr, who are personally
known to me or have produced as
identification.
Notary Public, State of Florida
Commission No.
(Name of Notary Typed, Printed or Stamped)
ATTEST.• CITY OF SANFORD
CY HIA PORTER, CITY CLERK NORTON N. BONAPARTE J
CITY MAN
APPROVED
APPROVED AS TO FORM
AND LEGALITY:
e�2
William L. Colbert, City Attorney