LICENSE TO OCCUPY SPECIAL EVENTS BEACH VENUE #2 NORTH OF PIER 60
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into as of this ;: ~ day of l1#ttl/ , 2004,
between the City of Clearwater, a municipal corporation of the State of Florida, whose
mailing address is P.O. Box 4748, ClealWater, Florida 33758-4748 ("Licensor") and Giant
Slides, Inc., a Florida corporation, whose mailing address is 3210 Gulf Boulevard Ave. Unit
#306 ,Belleair Beach, Florida 33786 ("Licensee").
WHEREAS, Licensor is the owner of the real property more particularly described in
Exhibit "A", attached hereto and made a part hereof, located in Pinellas County Florida
hereinafter referred to as ("Premises"); and,
WHEREAS, Licensee desires to exercise certain rights and privileges upon the
Premises; and
WHEREAS, Licensor is willing to grant Licensee a license for such occupancy and
utilization, subject to the terms and conditions stipulated below (the "License"):
NOW, THEREFORE, it is mutually agreed as follows:
1. Licensor hereby grants to Licensee the License to occupy and use the Premises,
subject to all of the terms and conditions herein set forth, commencing on March 29,
2004, and expiring on September 30, 2004, unless sooner terminated as herein
provided ("License T ermj for the purpose of installing a water slide amusement ride
(the "Slidej as more particularly described in Exhibit "B", attached hereto and made
a part hereof.
2. That for and in consideration of the foregoing License, Licensee shall pay Licensor
a commission equivalent to twenty-five percent (25%) of the gross revenue
proceeds generated by the Slide during the License Term ("Commission"). For
purposes of this Agreement, "Gross Revenue Proceeds" shall mean the total of all
amounts charged to customers for entry to the Slide. Specifically, all amounts
charged for numbered tickets, coupons or other type of invoices ("Tickets"), less any
applicable taxes, regardless of whether said Tickets are redeemed. Commission
shall be paid bi-weekly, first payment to be paid 14 days after the Licensee's first
day of operation, and once every two weeks thereafter. If all amounts due to
Licensor are not paid as indicated, Licensee will be considered in default hereunder
and Licensor retains the right to terminate this Agreement immediately and require
vacation of the Premises immediately, but in no event later than 24 hours from
receipt of notification of such default.
3. Licensee shall pay all costs resulting from and associated with the installation and
operation of electrical and water service for operation of the Slide.
4. The Licensee agrees that persons employed by Licensee for purposes related to
the installation, operation or other purposes under this License are not employees of
the Licensor for any purpose whatsoever, including unemployment tax, social
security contributions, income tax withholding or workers compensation, whether
state or federal. Licensee agrees to pay and be solely responsible for all applicable
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taxes, both state and federal, in connection with the amount paid by Licensee to
Licensor.
5. Licensee duties and responsibilities pursuant to this letter of understanding are as
follows:
(a) Licensee shall provide an inflatable Slide manufactured out of 550g/m2
P.v.C. tarpaulin, with welded joints and other safety features.
(b) Licensee shall setup the site, including securely anchoring the Slide,
fencing off the area, and setting up a gazebo for ticket sales.
(c) Licensee shall operate in or on the Premises, as designated by Licensor.
Hours of operation shall be daily (seven days a week) from 9:00 a.m.
until 9:00 p.m., except during inclement weather. The City reserves the
right to shut down the operation of the Slide if, in its sole discretion, it is
in the best interest of the city, or to protect the safety and welfare of the
public.
(d) Licensee will ensure that the inflatable Slide is a temporary structure that
can be broken down in 2 days if needed.
(e) Licensee will ensure that the Slide is run and operated by properly
trained employees, all of whom are uniformed in matching company tee
shirts and shorts.
(t) Licensee specifIeS that each employee has specific duties which include
technical, safety, and operational support to ensure that the operation
runs safely and efficiently, and that Licensee has provided any
necessary and appropriate training for its employees to carry out the
operation in a safe manner.
6. Licensee agrees to provide comprehensive general liability coverage on an
"occurrence" basis in an amount of not less than One Million Dollars ($1,000,000.00)
combined single limit bodily injury liability and property damage liability with a Two
Million dollar ($2,000,000.00) aggregate limit. The Certificate of Insurance shall
show the City of Clearwater as an Additional Insured. The certificate must be
provided to City of Clearwater prior to operation.
7. Licensee shall protect, defend, indemnify, save and hold hannless Licensor against
and from any and all claims, demands, fines, suits, sections, proceedings, orders,
decrees and judgments of any kind or nature by or in favor of, anyone whomsoever,
and against and from any and all costs, damages and expenses, including
attorney's fees, resulting from, or in connection with, loss of life, bodily or personal
injury or property damages arising, directly or indirectly, out of, or from, or on
account of, any accident or other occurrence in, upon, at or from the Premises, or
occasioned in whole or in part through the use and occupancy of the Premises, or
by any act or omission of Licensee, or any employees, agents, contractors or
invitees in, upon, at or from the Premises or its appurtenances.
8. Licensee shall at its sole cost and expense (a) maintain the Premises in a safe,
clean and proper manner; (b) secure any and all licenses or permits required by any
governmental agency or authority with respect to Licensee's operation of the Slide,
occupancy and use of the Premises; (c) secure and be responsible for the security
of the Slide at close of business each day and during hours of non-operation; (d) not
make or permit to be made any alterations, additions or improvements in the
Premises without the prior written consent of Licensor; (e) not permit any mechanic's
lien to be filed against the Premises by reason of any work, labor, service or
materials performed at or furnished to the Premises; and (h) abide by all rules and
regulations established by Licensor, from time to time, with respect to the use and
occupancy of the Premises. All signs used at the Premises shall be subject to
Licensor's prior approval.
9. This License is personal to Licensee. It is not assignable, and any attempt to assign
this License will terminate the License privileges granted to Licensee hereunder. In
addition, Licensee shall not sell, mortgage, pledge or in any manner transfer this
License Agreement or any interest therein, nor sublet all of any part of the Premises
or license considerations therein.
10. Licensor may terminate this License Agreement immediately, at will, in Licensor's
sole discretion, with or without cause. This License Agreement may also be
terminated at any time upon the mutual written agreement of Licensor and
Licensee.
11. Nothing contained herein shall be deemed or construed by the parties hereto, nor
by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the parties hereto it being understood that
nothing contained herein, or any acts of the parties hereto, shall be deemed to
create any relationship between the parties hereto other than the relationship of
Licensor and Licensee.
12. All notices to either party must be sent by U.S. Mail to the address below:
As to Licensor
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758-4748
As to Licensee
Giant Slides, Inc.
Louis Greyling
3210 Gulf Boulevard Unit #306
Belleair, Florida 33786
Miscellaneous Provisions
13. The provisions of this License shall be binding upon and inure to the benefit of the
heirs, personal representatives, successors and assigns of the parties, as permitted
herein. Any provision hereof which imposes upon Licensor or Licensee, any
obligation after termination or expiration of this License Agreement, shall survive
termination or expiration hereof and be binding upon Licensor or Licensee.
14. Licensee agrees to comply with all local, state, and federal statutes and ordinances,
and is responsible for obtaining all necessary state and local permits prior to setting
up and operating the Slide.
15. All advertising or related communications pertaining to Licensor must be pre-
approved in writing by the Licensor.
16. Licensor shall have the right to enter upon the Premises at all times. Licensor shall
not unduly interfere with Licensee's business.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
LICENSEE:
GIANT SLIDE, INC.
~ned~ceof:
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Dated:
~: ~i5Y
President
Countersigned:
By:
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iIIiam B. Horne II
City Manager
Approved as to form:
Attest:
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Laura Llpowskl
Assistant City Attorney
~~~~
!.rJ n ia E. Goueau' ..
O' City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
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The foregoing instrument was acknowledged before me this ;2 7 day of
· , 2004, by WILLIAM B. HORNE II, City Manager of the City of
ater, who is personally known to me.
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PrintIType Name:
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l~~Y ~ Carolyn L Brink
t.i iV'X'\*~ MYCOMMISSlON# 00203569 EXPIRES
~'~'&: May 22. 2007
"~Rf.,t~~' BONDED THRUTROYFAlN INS\JIlANCf,IIIC.
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[*/'!r.."f;;?,.!v rOM J orolyn L Brink
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,,,,,,. 'HRU TROY fAIN INSURANCE, fNC:
Exhibit A
City of Clearwater
SPECIAL EVENTS BEACH VENUE #2: North Of Pier 60
(Approximately 200' x 250' = 50,000 sf or 1.1 acre)
Roundabout
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