1027-Hoogland Orlando-temp publC:0 /V - / o -7;-) _
USE AGREEMENT TEMPORARY PUBLIC USE
THIS AGREEMENT is entered into this 22 day of July 2004, by and
between the CITY OF SANFORD, a municipal corporation of Seminole County, Florida,
whose address is 300 N. Park Avenue, Sanford, Florida 32771, hereinafter referred to
as the "CITY" and Hoogland Orlando. Inc. , a private iadial, a Florida
Corporation, whose address is 120 E. Colonial Drive, Orlando, Florida 32801
hereinafter referred to as the "OWNER ".
WITNESSETH:
WHEREAS, the CITY is desirous to utilize a portion of a vacant downtown lot(s)
located between Oak Ave. on the east -side and Myrtle Street on the west -side and 2 "
St. on the north -side and 3` St on the south -side, for temporary use of the public
during the reconstruction of First Street (the "Project'), at a time certain, and finds that
the public health, safety and welfare will be served through this use.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
promises contained herein, 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 the parties have relied.
SECTION 2. OBLIGATIONS OF THE CITY AND THE OWNER.
(a). The CITY shall have the right to occupy and use as set forth herein the
following parcels as denoted by their property Appraiser Tax Parcel Identification
Numbers (the "Parcel "):
25- 19- 30 -5AG- 0405 -0010
Total approximate area of 15,950 square feet.
(b). The CITY, at its own expense, may provide any and all temporary
improvements to the parcel as it may deem necessary to facilitate the public use of the
parcel for temporary parking, and remove any and all said improvements from the
parcel and the termination of this Agreement, restore Parcel back to existing or better
conditions.
(c). The OWNER shall make available the Parcel to the CITY for temporary
public use during the term of this Agreement which shall extend through the duration of
the Project.
(d). The OWNER shall provide sufficient notice to the CITY if the OWNER
wishes to terminate this Agreement for any reason.
SECTION 3. LIABILITY. The OWNER shall not be liable to any person, firm
authority or cooperation who contracts with or provides services for goods to the CITY
in connection with the use of the Parcel.
SECTION 4. INDEMNIFICATION. To the extent permitted by law, each party
shall hold harmless, and indemnify the other party from and against any and all liability,
loss, claims, damages, costs, attorney's fees and expenses of whatsoever kind, type or
nature which the other may sustain, suffer or incur or be required to pay by reason of
the loss of any monies paid to whomever resulting out of fraud, defalcation, dishonesty
or failure of the party to comply with applicable laws, rules or regulations; or by reason
or as a result of any action or omission of the part in performance of this Agreement or
any part thereof, or by any defect in the construction or use of the premises; or as may
otherwise result in any way or instance whatsoever. Proper and prompt notice by
certified mail is required by both parties in any action suit or proceeding brought
against either party is required arising out of this Agreement.
SECTION 5. INSURANCE. Each party shall carry and maintain in full force and
effect through the term of this Agreement either liability insurance or a liability self
insurance program to, at a minimum, the limit of liability set forth in Section 768.28,
Florida Statutes, as same may from time to time be amended.
SECTION 6. ASSIGNMENT. Neither party shall assign the Agreement nor any
interest herein without prior written consent of the other party.
SECTION 7. TERMINATION. This Agreement may be teFminat
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reiflimwm shall terminate March 31, 2005 or sooner with written notice by either
party of ninety (90) days prior to the proposed termination date.
SECTION 8. NOTICES. Whenever either party desires to give notice unto the
other, notice may be sent to:
For Owner: Hoogland Orlando, Inc.
c/o First Capital Property Group, Inc.
120 E. Colonial Drive
Orlando, FL 32801
Attn: Charles J. Mitchell, Jr.
For City: Al Grieshaber, Jr.
City Manager
300 N. Park Avenue
Sanford, Florida 32771
Either parties may change, by written notice as provided herein, the addresses
or persons for receipt of notice.
SECTION 9. RABILITY. If anyone or more of the covenants or provisions
of this Agreement shall be held to be contrary to any express provision of law or policy,
through not expressly prohibited, or against public policy, or shall, for any reason
whatsoever, be held invalid, then such covenants or provisions shall be null and void,
shall be deemed separable from the remaining covenants or provisions of this
Agreement, and shall, in no way, affect the validity of the remaining covenants or
provisions of this Agreement.
SECTION 10. CONFLICT OF INTEREST The parties agree that they will not
engage in any action that would create a conflict in the performance of their respective
obligations pursuant to this Agreement.
SECTION 11. ENTIRE AGREEMENT/EFFECT ON PRIOR AGREEMENT This
instrument constitutes the entire agreement between the parties and supersedes all
previous discussions, understandings and agreements, if any, between the parties
relating to the subject matter of this Agreement. Amendments to and waivers of the
provisions herein shall be made by the parties in writing by formal amendment hereto.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed on the day hereinabove first written.
ATTEST:
ATTEST.
anet Dougherty, Cit Clerk
F SANFORD
Brady Lessar ,Mayor
Da a �'
Approved as to form and legal sufficiency. As authorized for execution by the
Sanford City Commission at their a 0 2004,
regular meeting
William L. Colbert, Esquire, City Attorney
I \Lnp\Cities\2004 \SenforT greements \tamp public use egmement.wbd