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LICENSE AND INDEMNIFICATION AGREEMENT . . , I I '" .:... . '- LICENSE AND INDEMNIFICATION AGREEMENT 71-1 THIS AGREEMENT is made and entered into this c2(;- day of March, 1987, by and between Howard G. Hamilton, hereinafter re- ferred to as "LICENSOR" and the CITY OF CLEARWATER, a Florida municipal corporation, hereinafter referred to as "LICENSEE". WIT N E SSE T H: WHEREAS, LICENSOR is presently leasing the premises located on Clearwater Beach at See Exhibit A which lease includes two public restroom facilities located adjacent to what is commonly know as the "South Beach Pavilion", and WHEREAS the referenced lease does not require that the LICENSOR keep the restroom facilities open to the public during the evening hours, and WHEREAS, the City of Clearwater desires to assume operation and control of the said restroom facilities during the evening hours after the SOUTH BEACH PAVILION has closed, NOW THEREFORE in consideration of Ten ($10.00) Dollars in hand paid and for other good and valllable consideration, the parties agree as follows: 1. LICENSOR hereby grants to LICENSEE the right to have the exclusive use, possession and control of the interior and exterior of the public restrooms which are subject to the aforementioned written lease between LICENSOR and LICENSEE during the evening hours and after the normal business hours and the closing of each business day of operation of the SOUTH BEACH PAVILION restroom fncili~cies . 2. In exchange for receiving the use and benefit of these restroom facilities during the evening hours, LICENSEE hereby agrees to assume sole and exclusive control, use and possession of these restroom facilities during the period of time the LICENSEE exercises control of the restroom facilities by posting an officer, employee or agent of the LICENSEE on the premises. 3. LICENSEE agrees that it shall be solely responsible for maintenance, care, preservation, safety, and upkeep of the rest- room facilities during the periods of time that it has control of same except for claims arising from the negligence or intentional acts of LICENSOR or its officers, employees or agents. During the .time the restrooms are being used by the CITY OF CLEARWATER for public purposes, the LICENSEEag::lreesthat it shall be fully and solely responsible for any aild. all damage, liability, claims or maintenance of the restroom facilities, subject to the limita- tions of the Sovereign Immunity Waiver Act, Section 768.28, Florida Statute, and successor provisions thereto. The CITY OF CLEARWATER hereby indemnifies and holds LICENSOR harmless from any and all claims, liability, or actions of whatsoever nature, including reasonable attorney fees, which in any way relate to the use, operation, or maintenance of the subject restroom facilities at any time during the times the CITY OF CLEARWATER is to have con- trol of these restroom facilities pursuant to this License Agreement. This paragraph shall not be construed as a waiver of the defenses and limitations available to the LICENSEE under said act or successor provisions thereto. 1 Q. <!.', H.d" t:(,)ea. " nf ~) r , '-I (;;;./Y 7' ,~"~ ...t:,A.".~ I':' Iq-()o'l-~ , ~"" I I J.. 4. At the close of each business day, LICENSOR shall stock each restroom with the necessary supplies and shall lock the doors prior to leaving. LICENSEE's officer, employee or agent shall un- lock the doors at the beginning of LICENSEE's period of control and shall, at the end of the period of the LICENSEE's control, restock the restrooms from supplies owned by LICENSEE or to be paid for by LICENSEE and lock the doors prior to leaving, at which time the LICENSEE's period of control for that day shall be deemed to have ended. 5. This Agreement may be terminated by either party upon Ten (10) days written notice to the other. Such termination shall not relieve LICENSEE of its duties under the indemnification pro- visions contained herein for claims, liability, or maintenance of the premises which may have accrued during the period of time LICENSEE has control of the restroom facilities. 6. LICENSEE agrees to post an attendant on the premises at all times that the LICENSEE exercises control over the restroom facilities in order to maintain and supervise the use thereof by the general public. Further, LICENSEE agrees to compensate LICENSOR for the materials, supplies, and water which are used by the public during the time the premises are in control of the LICENSEE. ~-~~ >>-" /- /// ~ ,/ C;-" - ~ l<- ) ~~/ 2k~ua ,r: [3: 7cL:ff;;, OWARD G. HAMIL ON SOUTH BEACH PAVILION, LICENSOR - - .'~ - , . ;.. ~ .............- - -" '~. 0V~d~:-' /1,~'"c. Cit C:fei~k . --- - . .............. CITY O~C~ARWATER, LICENSEE By: Attest;.;: .~. ,- - -- .< Reviewed as to fOrm and legal sufficiency: ~i!:fJ 2 l t-r ~ ,..,j. ---~ . I I EXHIBIT A Food concession and restroom complex building located on the West 140 feet of the East 215 feet of the following described parcel: Lots 18 and 19 and the North 1/2 of Lot 20 of Lloyd, White and Skinner Subdivision, according to the plat thereof as re'corded in Plat Book 13, page 12 and 13, of the Public Records of Pinellas County, Florida, located in Section 7, Township 29 South, Range 15 East, Pinellas County, Florida. .