10-2109 License Agreement for Wirz Trail Section II

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12/23/09 (hereinafter the "Premises"). WHEREAS the parties hereto have mutually benefited from the completion of the Casselberry Wirz Park Trail II section, a bike trail located from north of Laurel Way to a terminus at Swallow Drive on the Premises (the "Bike Trail"); and WHEREAS, in order to accomplish this Bike Trail in the most efficient and economical manner the parties desire to memorialize the understandings and expectations of the parties with respect to this Bike Trail ; and WHEREAS, the Premises are currently the sole responsibility of the Licensor, and the Licensee has agreed to assume responsibility for the portion of the Premises encumbered pursuant to this License Agreement; and WHEREAS, the parties further state that it is their intention and understanding that each part of this Agreement is dependent on all understandings and expectations being accomplished in accordance with the terms of this Agreement. NOW THEREFORE, the parties have agreed to the following commitments: 1. The City of Casselberry has designed and constructed that section of the Casselberry Wirz Park Trail II located on the Premises. 2. The Premises may be occupied and used by Licensee solely for a Bike Trail for use by the general public, including incidental purposes related thereto by the City of Casselberry. The making, execution and delivery of this Agreement by Licensor has been induced by no representations, statements, warranties, or agreements other than those contained herein. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. 3. That section of the Casselberry Wirz Park Trail II located on the Premises was constructed of either fiber or mesh reinforced concrete, and is six feet in width subject to physical constraints such a utility poles, trees, above -grade manholes, etc. 4. Maintenance of the trail concrete sections located on the Premises will be by the Licensee. The Licensee shall maintain liability insurance on the Premises. 5. Other than for the trail concrete, on-going maintenance (mowing, fertilizing, etc.) for that section of the Casselberry Wirz Park Trail II located on the Premises, the Premises will remain the responsibility of the Licensor. 6. A six (6) foot high board -on -board privacy fence was installed as part of the Bike Trail construction along the rear/side lot lines of those properties in Sterling Park Unit 1 that abut the east and north sides of the trail, but only for those properties where the property owner was willing to grant a Temporary Construction Easement (TCE) for this purpose. The ownership of, and all maintenance of, the new privacy fence will be the responsibility of each individual property owner.