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LICENSE AGREEMENT (8) \: " I I . .. LICENSE AGREEMENT TlUS LICENSE AGREEMENT is made and entered into this /~ day of ~ . , 19a/. by and between the CITY 0 F C LEA It W A TEll, . Flo Ida municipality (herein, the "CITY"), and ~i tel, a. FJ.o+.ida General partnershir; d/b/a Holiday Inn Clearwater Central - ,-........ - - _a. (herein, M1e "LICENSEE"). WHEREAS, the CITY owns an easement which is described herein, and the LICENSEE owns certain real property, also described herein, which is partially subject to and partially adjoining the easement; and WHEREAS, the LICENSEE has requested a license to use a portion of the easement for the purpose of installing and maintaining a sign, and the CITY has agreed to grunt the license subject to the terms and conditions set forth in this License Agreement; now therefore FOR AND IN CONSIDERATION of the sum of Ten Dollars and other good and valuable consideration in hand paid to the CITY by LICENSEE, and of the mutual promises and covenants set forth herein, the parties hereto agree: 1. The CITY grants unto LICENSEE a nonexclusive license to use the easement described in Exhibit A, attached hereto, for the construction and maintenance of a sign to identify the property of the LICENSEE adjoining the easement which is described in Exhibit B, attached hereto. 2. The initial term of this agreement shall be for three (3) years from the date hereof, and shall be extended automatically for additional terms of one (1) year unless terminated by either party as provided herein. However, the term of this agreement, including all extensions thereof, shall not exceed fifteen (15) years. 3. This license is granted subject to the following terms and condi tions, and the LICENSEE agrees to comply with each and every term and condition: (a) The sign to be constructed within the easement shall meet all applicable requirements of th,e ordinances of the CITY in effect as of the date of this agreement or as may be modified prior to the issuance of the permit for the installa tion of the sign. The LICENSEE agrees to request no variances from the application of any of the applicable ordinances of the CITY with respect to the sign or the location of the sign. With respect to the setback requirements for the sign, the CITY represents to the LICENSEE that the minimum required setback for the sign shall be measured from the boundary between the easement and the adjoining road right-of-way, and not from the boundary between the easement and the LICENSEE's adjoining property. ~,C ff i: '. (. I . '-~ //:; !~7 J/.AfVV"l'V\jL . !~i. t)~) ./0 , I , V FtIVl,t?,./~ OI:J-e)..).:::a.Jl'~ .; Ph) - 1 - Ct' ~, .::! I I , ... (b) Within the easement, the sign shall be installed at a location which, in the opinion of the City Engineer, does not conflict with utility lines presently existing in the easement (if any) or which is not reasonably likely to conflict with the use of the easement during the term of this agreement. (c) The LICENSEE agrees to relocate or remove the sign at its expense if, during the term of this agreement, the City Engineer of the CITY determines that the relocation or removal of the sign is necessary in order to avoid a conflict between the sign and utility lines installed or to be installed in the easement, or is otherwise necessary to permit the use of the easement by the CITY for the intended purpose of the easement, or upon the acquisition or threat of acquisition of the easement by another governmental agency for any public purpose. (d) The LICENSEE shall post with the CITY and continuously maintain during the term of this agreement a cash bond, surety bond or letter of credit from a financiul institution acceptable to the CITY in the amount of >f /~ ~t10 which amount represents the City Engineer's estimate of. the probable cost to remove the sign from the easement. The cash bond, surety bond or letter of credit shall guarantee the removal by the LICENSEE of the sign within ninety (90) days following receipt of notice from the City Engineer of the CITY that the removal of the sign is necessary pursuant to this agreement. Each surety bond or letter of credit shall be renewed not later than one hundred twenty (120) days prior to the expiration of the surety bond or letter of credit. (e) In the event that the LICENSEE wishes to relocate the sign within the easement, the location shall be approved by the City Engineer of the CITY, and this agreement shall continue in full force and effect as if the sign had not been located. In such event, the City Engineer may revise his estimate of the probable cost to remove the sign, and the LICENSEE shall furnish a new cash bond, surety bond or letter of credit if the estimate of the City Engineer has increased or decreased. (f) The installaU'::m and maintenance of the sign within the easement pursuant to this agreement shall not confer upon the LICENSEE the right to relocate the sign within the easement or to another location within the adjoining real property of the LICENSEE. However, the LICENSEE ,may relocate the sign to the LICENSEE's adjoining property if the relocation may be accomplished without violating any applicable ordinance of the CITY at the time of such relocation, including but not limited to ordinances pertaining to signs, on-site parking, required landscaping, 0[' - 2 - ~ ! I I " requil'ed open space. As an additional inducement to the CITY to enter into this agreement, the LICENSEE assures the CITY that the plans of the LICENSEE fol' the development of the adjoining property include or will include space for the sign in the event that relocation of the sign is required, and that the relocation of the sign to that space will not cause the loss of required on-site parking, required landscaping, or required open space, or will otherwise violate any applicable ordinance of the CITY, and that the sign may be relocated without obtaining a variance from the application of any of the applicable ordinances of the CITY. (g) The LICENSEE agrees to defend, indemnify and hold the CITY harmless from any and all claims for damages resulting directly or indirectly from the installation and maintenance of the sign in the easement pursuant to this agreement, and from any and all other claims arising under this agreement, except for claims arising from the negligence of the CITY or its officers, employees or agents. 4. This agreement and the rights and obligations hereunder shall run with the land and shall be binding upon the successors and assigns of the parties hereto. This agreement may be recorded in the public records of Pinellas County, Floridu. 5. This agreement may be cancelled by either party by giving notice in writing to the other party not less than thirty (30) days prior to the cancellation date. In the event of cancellation of this agreement, the LICENSEE shall remove the sign at its expense within not more than ninety (90) days following the notice of cancellation. IN WITNESS WHEREOF, the CITY and the LICENSEE have hereunto set their hands and seal the day and year first above wl'itten. Coun er~ed: // 'J By l\J ;' Approved as to fqrm and correctness: Ci~~ Attest: 12 -.. ,- ("' -0{' ' (:':c-:':~ '- \ \ - . .:.. c- . ~/.(J-<s---,c0:- c ,,~ -, /-, - ~-- City Gh::..f-k. . _---' :- -.:.-: EQUI EL, a Florfd;:i:~-Gen~-il:-~- Partnership, dlb/a-Holi-<fay. Inn Clearwater Centrai . ::C~~ cz~s-_ Da te: / -/ ~c;-"'17 General ~1anager :i ~ LJr2'r.~ .,:.1111 - 3- c,___. ", t -. BOND NO. B658780 SURETY BOND FOR LICENSE AGREEMENT (Sign in Easement) KNOW ALL MEN BY THESE PRESENTS, that F.CJlli t-P 1. Q Florida General Partner- shiJ;: , as Principal, and d/.b/a HOLIDAY INN CLEARWATER CENTRAL RELIANCE INSURANCE COMPANY , a corporation organized and existing under the laws of the State of PENNSYL VANIA , as Surety, are held and firmly bound unto the City of Clearwater, Florida, as Obligee, in the sum of ONE THOUSAND AND NOjlOO -------------- Dollars ($ 1000.00 lawful money of the United States of America, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain License Agreement between the Principal and the Obligee, dated JANUARY 29, ,19~, providing for the installation and maintenance of a sign by the Principal in an easement owned by the Obligee, and the License Agreement requires that the Principal furnish a bond to the Obligee; NOW, THEREFORE, the conditions of this obligation are such that if the Principal shall in all respects comply with the obligations of the said License Agreement, and shall remove the sign installed pursuant to the License Agreement within ninety (90) days following receipt of notice from the City Engineer of the Obligee that the removal of the sign is necessary, without cost or expense to the Obligee, then this obligation shall be void; otherwise, to remain in full force and effect. And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the License Agreement shall in any way affect its obligations under this bond, and it does hereby waive notice of -1- I 1 ,; any such change, extension of time, alteration or addition to the terms of the License Agreement. It is further provided that this bond shall be in effect continuously during the term of the License Agreement. This bond may be cancelled at any time after one year following the date hereof by the Surety upon giving not less one hundred twenty (120) days written notice to the Obligee, in which event the liability of the Surety shall, as of the cancellation date set forth in the written notice to the Obligee, cease as to the subsequent default on the part of the Principal. IN TESTIMONY WHEREOF, the parties hereto have set their hands and seals this 29th day of JANUARY , 19.-aL' PRINCIP AL: Equitel, a Florida General Partnership d/b/aHOLIDAY INN CLEARWATER CENTRAl Ju fjMAL 1l~ O~ ~. v By: Title: JACK FAUSSEMAGNE. TREASURER SURETY: &OOv RELIANCE INSURANCE COMPANY ~ _ &~~ By:~\v.Lt[; a . ~ , Attorney in F ct I SHARON A. GILLIAM -2- -! ----,.~.....~ /// / _/ RELltANCE INSURANCE t ~bMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, Thet the RELIANCE INSURANCE COMPANY. a corporltion duly organized under the laws of the State of Pellnsylvenia. does hereby make, conltltuteand appoint James T. Hoare, Joseph Ii. Duvall and Sharon A. Gilliam, individually, of Atlanta, Georgia ~ its true and lawful Attorney-in-Fact, to make, execute,.... and deliver for and on its behalf, Ind as its act and deed any and all bonds and undertakings of Suretyship, and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and _led and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(sl-in-Fect may do in pu..-nce hereof. This Power of Attorney is granted under and by authority of Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became effective September 7. 1978. which provisions are now in full force and effect. reeding as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President. the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (II appoint Attorneys-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. and (bl to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him. 2. Attorneys-in-Fact shall have power and authority, subject to the tenns and limitations of the power of attorney iuued to them, to execute and deliver on behalf of the Company. bonds and undertakings. remgnizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not n_ry for the velidity of any bonds and undertakings, recognizances. contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shell haw power and luthority to execute affidllvits required to be attached to bonds, recognizances. contracts of indem- nity or other conditional or obligatory undertakings and they shill also have power and authority to certify the financial statement of the Company and to copies of the BV-Laws of the Company or any article or section thereof. Thit pow. of attomey is signed Ind _led by fIcIlmUe under and by authoflty of the following RlIOlutlon adopted by the Board of Directors of RELIANCE INSURANCE COMPANY It a meeting held on the 5th day of June, 1979, at whiett a quorum __ prasent, and said Resolution hIS not been amended or repealed: "Resolved, thet the signatures of such directors and officers and the _I of the Company may be affixed to any such power of attorney or any certificate relating therato by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seel shall be w/id and binding upon the Company and any suett power so executed and certified by facsimile signatures and facsimile _I shall be V8/id and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused t'- pr_ntl to be signed by its Vice President, and its corporate seal to be herato affixed. this 31st day of August 1983. On this Pennsylvania Philadelphia 31st day of STATE OF COUNTY OF } IS. August ,1983. perlOnllly appeared Raymond MacNeil to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY, end acknowledged that he executed and attested the foregoing instrument and affixed the _I of .id corporation themo, Ind that Article VII. Section 1,2 3 of the BV-Lawt of.id Com Iny and the Resolu- tion. lit forth therein, ere Itlllln full force. Ma.y 24 .1986 My Commission Expires: Residing at Philadelphia said RELIANCE INSURANCE COMPANY, which is still in full force and IN WITNESS WHEREOF,I heve hereunto SIt my hand and affi 29th day of January ~-~ 'Co 19 87 BDR-1431 Ed. an9 Assistant Secretary... :~ ~ (I GEORGE W. GREER ATTORNEY AT LAW 302 SOUTH GARDEN AVENUE CLEARWATER, FLORIDA 33516 II TELEPHONE ~2-04a9 February 18, 1985 Mrs. Paula Harvey, Planning Director City of Clearwater City Hall Annex Clearwater, Florida 33516 HAND DELIVERY Re: Holiday Inn Central 400 U.S. Highway 19 South Clearwater, Florida 33575 Dear Paula: This letter is to confirm that I am attorney for the owner/operator of Holiday Inn Central. Further, Mr. Robert E. Jones, as General Hanager and part owner, is the authorized person with whom the City of Clearwater may deal with in regard to this property and the business located thereon. uith kindest personal regards. Very truly yours, .~ GREER m~G: ple , M~" ~ ~+k+- &o~ ~~ ~:..- ~ t~ &1(. 6- ~ E~~' (L ~ 1...~-1 "e1