LICENSE AGREEMENT TO CONTINUE TO PROVIDE A PERMANENT LOCATION FOR HISTORICAL PLUMB HOUSE
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LICENSE AGREEMENT
THIS AGREEMENT entered into this 30th day of~, 1992,
by and between the CLEARWATER HISTORICAL SOCIETY, a not-for-profit
corporation, hereinafter referred to as "Society" and the CITY OF
CLEARWATER, FLORIDA, hereinafter referred to as "City".
WHEREAS, the Society is a not-for-profit Florida corpor-
ation which owns a structure known as the "Plumb House", and
WHEREAS, the "Plumb House" is an historical landmark which
has been listed as an historical house with the Department of State,
Division of Archives, History and Records Management on the Florida
Master Site file, and
WHEREAS, since 1983 the structure has been located on real
property owned by the City known as Ed C. Wright Park pursuant to a
License Agreement between the City, the Society and the Clearwater
Neighborhood Housing Services, Inc., and
WHEREAS, the Clearwater Neighborhood Housing Services,
Inc. no longer uses the "Plumb House" and the City and Society
desire to continue the previous lease.
NOW,
THEREFORE,
in exchange for mutually agreeable
consideration, the parties to this Agreement do hereby agree as
follows:
1. Purpose:
The purpose of this license agreement is to
continue to provide a permanent location for the historical house -
"Plumb House" in Ed C. Wright Park.
All uses made of the Plumb
House shall be in conformance with the deed restrictions contained
in the Ed C. Wright Park Deed recorded in Official Records Book
1546, page 521, Public Records of Pinellas County, Florida.
2 . 'I'erm :
'fhe term of this agreemen-t shall be for a
period of fifteen (15) years.
3. House Maintenance:
At its expense, the Society
agrees:
a. to maintain the house in a safe and sanitary
condition in conformance with all applicable laws,
b. to continue to keep the house restored as nearly
as possible to its original condition,
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c. to maintain a comprehensive liability policy of
insurance insuring both it and the City against any liability
whatsoever occasioned by accident on or about the premises or
appurtenances thereto. Such policy shall be written by an insurance
company with an above average rating in the amount of $300,000.00 in
respect to anyone person and in the amount of $500,000.00 in
respect to anyone accident and in the amount of $100,000.00 for
property damage.
Certificates of insurance for all applicable
coverages hereinbefore stated shall be delivered to the City on an
annual basis.
4. Public Access: The Society shall make the house
available to the general public for tours on a semi-monthly basis in
accordance with a schedule to be established by the Society.
Additionally, the Society shall have individuals available at said
tours to discuss the history of the Plumb House and the history of
the City with those members of the general public desiring such
information.
5. Landscaping: At its expense the Society shall provide
all landscaping in the immediate vicinity of the house. The
landscaping shall be of a type designated by the City's Park and
Recreation Department.
The City shall maintain the real property immediately
surrounding the house including all landscaping (lawn, shrubs and
other landscaping).
6. Parking:
The Society members and its guests may use
the existing parking facilities at Ed C. Wright Park or Ross Norton
Park.
7. Utilities:
At its expense, the Society shall pay all
monthly charges for all utili ties including '"'later, electric and
telephone.
8. Hold Harmless:
The Society agrees to hold the City
harmless from any claims, lawsuits or injuries arising out of the
restoration, maintenance and use of the house at Ed C. Wright Park.
9. Notices:
All required notices and correspondence
shall be sent by certified mail to the following addresses:
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City:
City Manager
P. O. Box 4748
Clearwater, FL 34618
Society:
Thomas C. Nash, II, Esq.
P. O. Box 1669
Clearwater, FL 34617
10. Toxic or hazardous substances: The Society covenants
and agrees not to bring upon, store or generate upon the City's
property or the structure itself any substance classified by state
or federal government authori ty as a toxic or hazardous material.
Lessee further agrees that it shall comply with all governmental and
other laws, rules, regulations, codes, statutes including, but not
limited to federal, state, county and municipal as they relate to
storage, use and disposal of any substance whether toxic or non-
toxic,
whether such substance is a manufactured or man-made
substance and whether the same is a natural substance or man-made.
11. Improvements:
The house, its fixtures and all other
permanent improvements made by the Society at Ed C. Wright Park
shall become the property of the City of Clearwater upon the
termination or revocation of this Agreement.
12. Assignments:
The Lessees may not assign any
privileges granted under this Agreement without written approval by
the City.
CITY OF CLEARWATER, FLORIDA
Approved as to form
and correctness:
Attest:
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City Att~ney ~
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CLEARWATER HIST.t:tRICAL SOCIETY, INC.
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