LICENSE AGREEMENT
,--
( \ r -
a-/ ~.r'";.'j
"
t1cCCfiD!NG
.C~
:219
.,
J
RT
ES
'F
V
~' '-"'"
,. ...... '
~,
I UNTY FLA.
'" PINELLAS C~l PG 353
OFF.REC.BK 82
I
INST # 93-097523
APR 7, 1993 4:42PM
L ICE N S E
A G R E E MEN T
THIS LICENSE AGREEMENT is made and entered into this 23d day
of March, 1993, by and between the CITY OF CLEARWATER, FLORIDA,
the Licensor, hereinafter called "City", and the DIOCESE OF ST.
PETERSBURG"FLORIDA, the Licensee, hereinafter called "Diocese";
TAl ~S(L WHEREAS, the City is the owner of a certain parcel of land
~ ~, purchased from the Diocese on this 23d day of March, 1993, said
parcel being 115 feet in width, more or less, and improved with
approximately 300 feet of 4-foot high chain link fencing within
the easterly boundary thereof, said parcel running southwesterly
between properties owned by the Diocese, all as depicted in
EXHIBIT "A" attached hereto, which property is referred to herein
as the "City Parcel;" and
:i
<
c)'
0"; ~
o-lP-o !;@
e-:~ C'"J
~:j
ffio li
:> t.(j 0)
~ [-~ t~ f;1"
~ C\ .-. t~
~ ~ ~~:t:
.....J to:.:?
o-l::>o r" s::
~ ':J"I
t ~ 0 S.;
;:;E;;E~t)
o
i-<
"""
:0:
:E
>,
'"
l:.
:~ ~-.
~
WHEREAS, the Diocese is the owner of a certain circular
driveway, a portion of which encroaches onto the City Parcel a
distance of 4.3 feet at a point approximately 65 feet south of
the northwest corner of the City Parcel, also as depicted in
EXHIBIT "A," the encroaching portion of the driveway being
referred to herein as the "Circular Drive"; and
WHEREAS, the Diocese wishes to retain the full use of the
Circular Drive as it presently exists, without structural
modification or realignment, and the City has no objection to the
continued use of the Circular Drive as it presently exists; and
WHEREAS, the City intends to install at a date not yet
certain an extension of the Marshall Street South sanitary sewer
interceptor replacement within the boundaries of the City Parcel;
and
WHEREAS, the City may require from the Diocese a ten-foot
wide temporary construction easement along the western boundary
of the City Parcel during construction of the sanitary sewer
interceptor replacement; and
WHEREAS, although proposed improvements to Stevensons Creek
are expected to be constructed wholly within the boundaries of
the City Parcel, it may become necessary to relocate the chain
link fencing from the City Parcel;
NOW, THEREFORE, the parties do hereby agree:
1. The City grants to the Diocese a non-exclusive license
to use the Circular Drive as a part of the driveway located upon
the adjoining property owned by the Diocese, without modification
or alteration by the Diocese.
'"
(a) The license to use the Circular Drive shall continue
for so long as the driveway located upon the adjoining property
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY: ~~
2.0
(1/
; ~;
I
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8231 PG 354
owned by the Diocese shall continue to exist and be used as a
driveway. Provided, however, that if the City Commission of the
City should determine that a paramount public purpose exists for
the use of the portion of the City Parcel which is encumbered by
the Circular Drive, the City shall have the right to remove the
Circular Drive, at cost to the City, upon 90 days' notice to the
Diocese.
(b) The City agrees to repair, replace, reconstruct and
fully restore to its present, or better, condition, any and every
portion of the Circular Drive that may be damaged or destroyed
during construction of the sewer interceptor replacement.
Otherwise, the Diocese shall have full responsibility for all
maintenance and repairs to the Circular Drive as may be required
during the term of this license agreement.
2. The City grants to the Diocese the full right and
authority to remove, at no cost to the City, the approximately
300 feet of chain link fencing from the City Parcel within 15
days of receipt by the Diocese of notice from City to relocate
the fencing. If the fencing is not removed by the Diocese within
45 days of receipt by the Diocese of notice from City to relocate
the fencing, the fencing shall be deemed abandoned in place and
the City may remove the fencing at cost to the City and use the
fencing for City purposes elsewhere within the City.
3. The Diocese agrees to grant to the City a ten-foot wide
temporary construction easement along the western boundary of the
City Parcel, if and when required, for the purposes of
constructing the Marshall Street South Sanitary Sewer Interceptor
Replacement. The City agrees that a condition to be imposed by
the temporary construction easement shall be that the City shall
repair, replace, reconstruct and fully restore to its present, or
better, condition, any and every portion of the circular driveway
within the temporary construction easement that may be damaged or
destroyed during construction of the sewer interceptor
replacement.
4. The Diocese shall relieve, indemnify, protect and save
harmless the City and any and all of its officers, agents and
employees from any and all claims and liability, including
expenses incurred in defending against any claim and liability,
for death of or injury to persons or damage to property that may,
in whole or in part, arise from or be caused directly or
indirectly by this agreement.
5. The City shall relieve, indemnify, protect and save
harmless the Diocese and any and all of its officers, agents and
employees from any and all claims and liability, including
expenses incurred in defending against any claim and liability,
for death of or injury to persons or damage to property that may,
in whole or in part, arise from or be caused directly or
indirectly by the use of the temporary construction easement.
>, , I.' "-
, ," "
.J
/:...
I
~INELLAS COUNTY FLA.
OFF.REC.BK 8231 PG 355
6. This license shall be binding upon the parties hereto and
their successors and assigns, but this license shall not be
assigned without the prior written consent of the city.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Rita Garvey
Mayor-Commissione
CITY
By:
Approved as to form and
correctness:
Attest:
~~'
M. A. Galbrai
City Attorney
- 2: A- [JIQ.
hia E. Goudeau
Clerk
Witnesse~ '_
..-: ~
DIOCESE OF ST. PETERSBURG, FLORIDA
By:
~. ~JtC- ;hJ"$_
~~A~
Title: VIU\~ (;.E~E~t\L-
Attest:
7C014129 TME
01 AGR-
RECORDING
04-07-93
1hlJ'!~~~~;{
':'~'.:l ~~.::I ....l--."
4
.\
, " .,., ~ - - , .
~Lj= '::U
TOTAL:
CHECK AMTs TENDERED:
~~. ~. c; _;; ','
;..;..~'-.:f _-__"
~;
CHAr.;GE;
~
'"'
I
IpINELLAS COUNTY FLA.
OFF.REC.BK 8231 PG 356
STATE OF FLOR IDA
COUNTY OF PINELLAS
)
)
BEFORE ME personally appeared Rita Garvey, the Mayor-Commissioner of the above-
named city, who acknowledged that she executed the foregoing instrument. She is
personally known to me and did not take an oath.
WITNESS my hand and official seal this 1st day of April, 1993.
~%.G~~
Ja sM. Pr~ywara /;J:'if.~~;~~~.< JANIS M. PRZYWARA
Notary PubllC ~': :1,:) :.~MYCOM\1ISS!ON#CC038227EXPJRES
c.,.,'.o?y..?{ September 16 1994
'<;'".:::.7:.;,~~~1~"" Bmm~0 Tt-:?U TROY FAn~ ;~13URANCE.INC.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Michael J. Wright, the City Manager of the above-
named city, who acknowledged that he executed the foregoing instrument. He is
personally known to me and did not take an oath.
WITNESS my hand and official seal this 1st day of April, 1993.
"
/"~:".' '~~<J'< JANIS M, PRZYWARA
t: ~ ;.~ MY COMMISSION # CC 038227 EXPIRES
,"::.'~?~,~" Septamber 16 1994
/'~.,'.':/,\/i,""~ 60Nr.~0 nmu mov fAI~J ;~I';URANCE, lNC.
I
I
PINELLAS COUNTY FLA.
OFF.REC.BK 8231 PG 357
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this day personally appeared
before me, an officer duly authorized to administer oaths and
take acknowledgments, REVEREND BRENDAN MULDOON, as Vicar General
of the Diocese of St. Petersburg, a Corporation Sole, and
Attested by James A. Sebesta , as Executive Director
of the Diocese of St. Petersburg, a Corporation Sole, to me
personally known or who have produced
as identification and who did take an oath, and known to me to be
the individuals described in and who executed the foregoing
instrument and they acknowledged before me that they executed the
same for the purposes therein expressed.
WITNESS my hand and official
County and State, th.~"\"iid day of
........~, SIJ~,(:". 't.
.:~<<, ........... ~~ ",
_ ~ .. -. ~T. ,
:~...~ 0 T A ~ ;,...'f." I.
'~:'"" r..;,z,~
, . . "I.
: : My Comm. Explree: ~
S : sept. 28,1993: ~
., '. No.AA711258: ~
" .n .. A r."--
',",). .... l.J 8 L \ ,:/ Q~
'f. -1,.;.............O~:
--,,"'- OF ~\,: ...---
,."""..,,.........
seal at St. Petersburq , said
April , 1993.
G: L l "-l
Expires: .:5z:pi:la l lqq 3
,.
e"".e-.I?'....../..,....~ ,,""2',
~.rr.Y" .P'~ -....-""-<""'..-"..-O',.....,.,....___....""::-....-c?
~//"P',....;::o',..v'/............;P.. ./f.r~~ ,,;.v.f~./....v-c..: rV""<'':t7
LECAldJESCRIP nON:
A ~'l/ic.;"~ol land. US.OO 'e~1 ..idd beinq 0 L'or{ion 01 lhe North 1/2 QI !ht'
I. SW 'l/+-.ot (~ se: 1/4 of lhe .NE 1/. 01 S~cliOrJ 15. Townlohio 29 SOUl"',
tRonqe J5' (ost. Plnellos County. 'fOf"ida. beJnq more portkulO(ly dUC(lOed
os roLlows;
. C~MCltI9 ot Ihlll,HOt"th...ut comel" 01 the Nodh 1/2 01 tho!' sw '/.4
o/.tt'te st"'/.'QI lh. HE '1""01 ~;d S-e-c::Iku1 IS; (hence S Sq'11'15' C.
) 'ollOt'q:.~.-.Nodh. IN 01 SO~ Nodh 1/2 Q ~istonr;~ cl 2J2.00 '(ut: t."'~ce
I.~ S-:2:::SiO:05.....~. J2.96"Mr.-tO the South "qht-o(-_oy Ilne'of Fronk""
'; 'SkMt.os.dua"1b.ed n,' duct....ecOf'ded ... O.R.. Sook 256J. tl-Oge '7'9. or the
PublIc'Rerc:or.d. of Plttt'Uo. County. Florida sOld poit'll beinq the Point ot
8e~~ thence. S 89'17"5" Eo. oIonq said South riq.tll-ol-way line.
I J26-.:JJ""el:- lhlffice 5 ZS10'OS.'W.: ').32-lt feel to the Soulh line or
,"'.I1heiHo,.u~: '/2~ol'(h.. SW 1/-4 '.ol'lhe S( '/4 or lhe HE 1/. 01 ,old
~"::'SecUon'J5; theI"\<Ce H 89'16'sa" w.. dlol"""; sold S(lu(h line 126.J.3 I~<rt:
i -.~~~'~ ~S'lO~O~.: (... .JJ2.l0. reel \0 Ihe Poir:!~ 01 8~qinnin9.
! SubjecL.lo e03t:monls ond're3ltrictlon-$ at recCH"d. .
I '. .
; ...~~:. SS.!~I.s~. ree\.(O.616). ~Ot". 0(' lest.
i~ :leVAHS, LAND SURVEYING, INC T ~":T;;~ ""U~t
I... 1.~...~.o.l(WT '........'..:, ___ _"'0"
/. f~=:=:O~~:~~~..-- ..-.-..v,.. .04//,.,,; .,,/:.~~
~', ~'QC7-~~""'I'&s!UOl11I'1101o.rta(Y~.
.. \~~~l:kl"""Dn~UI(~~O't1).<<S
':;~~'~~',,(I~fO'" ., I
( tIOol.J<uc)CI>O'f.Jf~1 f'C1>.....~fc:n.mc:..~1
~JIOI""''''''''' ~ ~lt'Il'C1:lIf)Q~>>1
E;==:~';.:~~:~4 2'=.
~'.,JIOll."t:I!lI.... '. ~'......~.
JIIIl"'li:1~HiO~~""'.h'n) f: o..CUNnt
"4:Jl(Il'fa::~nl'l"""~-"l"''''f5('''fO''''f'fT.Jol
1.of(1J''''~'''~''''''''l'Sc.()''''''\f.l'''J.
~~~-
",.1" ~.\-o.. - >,'_'.
'" ' .
<. '. . -.
~c'J~,~~~;~~-:~ .
I jt
- ~...;.. ....-. .-....
~d/r,&"p..:F ~"C:O~..v$
t~;'~~. ~,.......s 6""'-4'<:;")
~
-"".
L__
t'-<'-'
~"'h"" .c.-...v...v ...,"" ~....... ~:1" ~
............. A;-o 60""' ~.r~ -,,,r .v~ ,z..
a- /Ji:".n1:"...c...o' /;I'./'fI~
PETERSBURG
~-
~"'?'
~ : ""
~
~ ~
\ {
~ "
K ~,
.
~ ~~
~\.
\ 'Ii
:II ,
\ il
;/. \J
r
~
I
;'5 I
~
"
,~
~
,
>-
~
"
;"'1
, I
:;..,..,
----- < ----.
----. r ,
,~
~~ r~
~ --~- .~
-,. -..::s"'_ I~~
---
.........~ :
--......~~~
~~~
~.
- ~,
~..-:a__1' ~J '
~.
~.
.
1'1
"X (
I ~ ~ I
I \~ I
~ :
, '
~
\
~
"
.i.
..
.!
',~
~
--"
DIOCESE OF ST. PETERSBURG
11
~ -----
f,C.;'f/../....~f,c;r. .........
.d'4"".,....~~ ,.8..1>-,/,~ ~. ~".d
~
~4 '~..r.#....- .4.o"'d.M."'...c.p~
.,
..
,
J
'-
I~
t;l
H
~
~
o
'7j
'7j
''1:1_
::OH
~z
()~
,t"'
ttlt"'
~:;x::.
(J'.J
OJ
N()
wo
i-'C
Z
1-3
'1:1><:
G)
'7j
t"'
w:;x::.
01,
OJ