PLUMB HOUSE LICENSE AGREEMENT
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PLUMB HOUSE LICENSE AGREEMENT
WHEREAS, there exists a house known as the "Plumb House", 718 Lakeview
Road, Clearwater, Florida owned by Dr. Charles D. Nach, M.D., and
WHEREAS, said house is listed as a historical house with the Florida
Department of State, Division of Archives, History and Records Management on the
Florida Master Site File; and
WHEREAS, Dr. Nach will agree to donate said house to the Clearwater
Historical Society, Inc., a Florida non-profit corporation; and
WHEREAS, Dr. Nach will further agree to pay all costs of moving said
house to Ed C. Wright Park, Clearwater, Florida; and
WHEREAS, Clearwater Historical Society, Inc. will agree to fully restore
and maintain said house; and
WHEREAS, Clearwater Neighborhood Housing Services, Inc. (CNHS) will
agree to use the house in conformance with the below-mentioned deed restriction.
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NOW, THEREFORE, this License Agreement is entered t~isL day of
T ' 1983 by the City of Clearwater, Florida (City), Licensor, and the
Clearwater Historical Society, Inc. (Society), a Florida non-profit corpofution,
Licensee, and Clearwater Neighborhood Services, Inc. (CNHS), a Florida non-profit
corporation, Licensee. The City grants this License upon the following conditions:
I. Purpose.
The purpose of this License Agreement is to provide a permanent location
for the historical house -- Plumb House - in Ed C. Wright Park, Clearwater, Florida.
All uses made of the Plumb House shall be in conformance with the deed restrictions
contained in the Ed C. Wright Park deed recorded at O.R. 1546, page 521, of the
Official Records of Pinellas County, Florida.
2. Revocable License.
The License granted by this agreement to the Society and CNHS is
revocable at will by the City or for any default of the Society or CNHS. This
agreement grants no vested rights whatsoever to the Licensees.
3. Term.
This revocable license shall be granted to the Society for a term of five (5)
years and to CNHS for a term of three (3) years, renewable by the City at its option.
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The terms shall begin from the installation and approval of required water and sewer
tap-ins.
4. Conditions Precedent.
a. Gift of House. Dr. Charles D. Nach, M.D., the present owner of the
house, shall convey as a gift 01/ interest in the house to the Society.
b. Moving Costs. Dr. Nach shall prepay the costs of moving the house
from its present location at 718 Lakeview Road, Clearwater to Ed C. Wright Park,
Clearwater, at the location designated on the attached map (Exhibit A), the exact
location to be determined by the City's Park and Recreation Department.
c. Hold Harmless. Dr. Nach, the Society and CNHS shall hold the City
harmless from all claims, lawsuits and injuries arising out of moving the house to Ed C.
Wright Park.
d. Soil Boring and Foundation Recommendation. At its expense the Society
shall direct a registered, professional soils engineer to prepare a soil boring and
foundation recommendation for the proposed site of the house in Ed C. Wright Park.
The recommendation shall be reviewed by the City's Public Works Department to
ensure that the proposed location of the house will safely support the structure.
5. Landscaping.
At its expense the Society shall provide aI/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. House Usage.
During the first three years of the term of this license agreement, the
Society and CNHS may use the house jointly. In conformance with the deed
restrictions of the Ed C. Wright deed as recorded at O.R. 1546, page 521, of the
Official Records of Pinellas County, Florida, the primary use of the house shall be for
public purposes, to wit: the Society shall continuously occupy, restore and maintain the
house, keeping said house open for the public during all working hours. The CNHS
usage of the house shall be secondary to that of the Society.
7. House Maintenance.
At its expense the Society shall:
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a. Maintain the house in a safe and sanitary condition in conformance with
all applicable laws;
b. Restore the house as nearly as possible to its original condition; and
c. Maintain the house, once restored, in this condition during the term of
this License Agreement.
8. Water and Sewer Taps.
At its expense the City shall install all required water and sewer tap-ins
for the house. Once installed the Society and CNHS shall pay their respective monthly
utility charges. The Society and CNHS shall pay their respective costs for impact
fees.
9. Utilities.
At its expense the Society and CNHS shall pay their respective costs for
the installation and monthly charges of all other monthly uti Iities including but not
limited to electricity and telephone. All utility lines shall be placed underground if
possible.
10. 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 License Agreement.
II. Open to the Public.
The house shall be open to the public during all operating hours of the
Society and CNHS.
12. Parking.
The employees and guests of the Society and NHS may use the existing
parking facilities at Ed C. Wright Park or Ross Norton Park.
13. Insurance.
At its expense the Society agrees to obtain insurance to cover any bodily
injury or property damage during the moving, restoration, maintenance and use of the
house. The insurance shall be general comprehensive liability insurance covering
bodily injury and property damage with limits of $300,000 per occurrence, and general
comprehensive automobile liability insurance including bodily injury and property
damage with limits of $300,000 per occurrence. The City shall be added as a named
insured and be given 60 days' notice of any modification or cancellation of coverage of
the policies.
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14. Hold Harmless.
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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.
15. Notices.
the following addresses:
All required notices and correspondence shall be sent by certified mail to
a. City:
b. Society:
c. CNHS:
City Manager
P. O. Box 4748
Clearwater, Florida 33518
462-6700
Timothy A. Johnson, Jr., Esq.
P. O. Box 1368
Clearwater, Florida 33517.
461-1818
John F. Gilbert, Executive Director
705 S. Prospect Avenue
Clearwater, Florida 33516
442-4155
f 6. No Assignments without Permission.
The Licensees may not assign any privileges granted under this license
agreement without written approval by the City.
Prepared by:
Richard Griesinger
Assistant City Attorney
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CITY OF CLEARWATER, FLORIDA
By:
Attest:
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City Clerk
CLEARWATER HISTORICAL SOCIETY, INC.
By:~~cI?V'/2-f"fA ~4l
, eS/dent
CLEARWATER I'EIGHBORHOOD HOUSING
SERVICES, INC.
By:
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