AMENDMENT TO LICENSE
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AMENDMENT TO LICENSE
TH I S AMENDMENT TO LI CENSE is made th i s .11--t:t day of March, 1992, by and
between the CITY OF CLEARWATER, FLORIDA, a municlpal corporation ("Licensor") and
LANE CLEARWATER, LTD. PARTNERSHIP, a Florida limited partnership, D/B/A
CLEARWATER BEACH HILTON("Licensee").
WHEREAS, the parties entered into a license agreement dated May 18, 1987,
a copy of which is attached hereto as Exhibit A and incorporated herein by
reference, pursuant to wh ich Licensee was granted a non-exc lus i ve park ing 1 i cense
over the property described therein for a term of five years from May 1, 1987,
and the parties desire to extend the term of the license agreement as provided
herein; now, therefore,
IN CONSIDERATION of the promises and covenants herein contained, receipt
and sufficiency of which are acknowledged, the parties do hereby agree:
1. The license agreement is amended as follows:
(a) Effective May 1,1992, the term of the license agreement shall be
five (5) months. As of October 1,1992, the term hereof shall be automatically
extended from month to month unless sooner terminated; provided, however, that
the term sha 11 not extend beyond May 1, 1995. Either party may termi nate th is
license agreement by giving written notice to the other not less than 30 days in
advance of the termination date.
(b) The Licensee agrees to pay a license fee at the rate of $200.00 per
month, to be paid on the first day of the initial five-month extended term and
on the first day of each month thereafter during the term of this agreement.
2. All other terms and provisions of the license agreement shall
continue in full force and effect during each extension of the term of the
agreement as if such terms and provisions were set forth in full herein.
CITY OF CLEARWATER, FLORIDA
R ta Garvey
Mayor-Commissioner
By:
Approved as to form and correctness:
Attest:
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NOTARV!'ti8uc An: OF FLORIDA
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BONDEOTHlW GENElw.JNs. 'UNo.
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CITY OF CLEARWATER
This License made thisJ~~ day of ,
1987, by and between the CITY OF CLEARWATER, LO IDA, a municipal
corporation, hereinafter called "Licensor," and ANE CLEARWATER,
LID. PARTNERSHIP D/B/A/ CLEARWATER BEACH HILTON, a Florida
Limited Partnership, hereinafter called "Licensee;"
MAY.2 01987
HARBORMASTERS OFFICE
WIT N K S S K T H:
The License Agreement previously entered into on the 17th day of
December, 1982, between the City of Clearwater and Clearwater Beach Sunset
Hotel Associates, LTD., is hereby canceled and .terminated.
On the 26th day of August, 1963, the State of Florida granted to the City
of Clearwater a perpetual easement, of which the subject llmd is a part, to be
used for p~blic right-of-way purposes.
The property described below constitutes a portion of the easement
granted by the State of Florida, which portion is presently being held by the
City in a reserve status until such time as it is needed for public right-of-
way purposes.
During such time as the portion of the easement described below occupies
a reserve status, the City wishes to grant to the Licensee a non-exclusive
right for vehicle parking until it becomes necessary to devote such property
to public right-of-way purposes.
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Now therefore, in consideration of the covenants herein contained, on
the part of the Licensee to be kept and performed, the Licensor does hereby
grant a non-exclusive parking License to the Licensee for the following
described property, a sketch of which is attached hereto as Exhibit "A":
Begin at the S.E. corner of Lot 2, Block D, Bayside Shores as
recorded in Plat Book 58, Pages 12 and 13, of the Public Records
of Pinellas County, Florida; Thence run S. 77 37'32" E, 90.00
feet, along the southerly border of said subdivision; Thence run
S. 12 22'28" W, along the easterly line of a right-of-way
easement for Clesrwater Pass Bridge, as recorded in O.R. Book
1763, Page 432, of ssid Public Records, 156.18 feet, to a point
on a seswallj Thence run northwesterly, along said seawall,
91,03 feet M.O.L., to a point on the westerly line of said right-of-
way easement; Thence run N. 12 22'28" E, 153.60 feet to the Point
of beginning.
This License shall run for a term of five (5) years from the first day of
May, 1987, with the Licensee paying therefor the monthly .fee of Two Hundred
Dollars ($200.00) or Two Thousand Four Hundred Dollars ($2,400.00) per year.
The Licensee covenants with the Licensor to pay the fee in equal
quarterly payments of Six Hundred Dollars ($600.00) to be made on the first
day of May, August, November snd February of each year during the term of this
License. The first quarterly payment to be made on this License shall be paid
to Licensor on or before the first day of June, 1987.
Licensee hereby covenants and agrees that the rental agreed to be paid
herein may be renegotiated on the thirtieth (30th) month of this License, and
the rental thus agreed upon shall be the rental to be charged for the
remaining period of the License, and the License shall be amended to reflect
the same, if a different rental is agreed upon.
Licensee further agrees that it shall make no unlawful, improper, or
offensive use of the right-of-way and shall not assign this License or sublet
any part of the said premises; snd Licensee shall not use said premises for
any purpose other than for the non-exclusive right to park vehicles in
conjunction with the Clearwater Beach Hilton, which is owned and operated by
Licensee on adjacent property; Licensee shall quit and deliver up the said
premises at the end of the term in as good condition as they are now, ordinary
wea!: and decay and damage by the elements excepted. The Licensee further
agrees to carry and maintain a policy or policies of public liability and
prop~rty damage insurance saving Licensor harmless from all claims or demands
occasioned by any person or persons using said premises during the License
EXHIBIT A
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te~m and said insurance shall be in the amount of not less than Five Thousand
Dollars ($5.000.00) property damage and One Hundred Thousand Dollars
($100,000.00) for personal injury to anyone person or Three Hundred Thousand
Dollars ($300,000.00) for anyone occurrence on said premises as a result of
Licensee's use thereof; the original of such insurance policy shall be
deposited with the said Licensor during the term of this License and Lic~nsee
shall pay all premiums required thereby.
If the Licensee shall violate any of the. covenants of this License, the
Licensor may immediately terminate this License by giving notice in writing to
the Licensee and the Licensee hereby waives all right of notice and the
Licensor shall be entitled to immediately re-enter and retake possession of
the licensed,premises.
Nothing herein contained shall be construed to require the Licensee to
maintain the Licensor's bridge facility and the premises herein described are
and shall. be limited solely to the area beneath the Bridge within the right-
of-way easement to the City of Clearwater; it is expressly agreed that
Licensee shall make no improvements to said premises or otherwise encumber its
license interest on the same without the express written consent of the
Licensor. '
Licensor may cancel this License at any time for maintenance of Bridge or
any other good and sufficient reason.
The Licensee further guarantees that it will maintain a public
pedestrian access across its property to the City's right-of-way easement,
only for the purposes of fishing, swimming, and beach usage.
Licensee further guarantees to provide open access to said area to City
vehicles and work crews responsible for cleaning, maintenance, and trash
removal.
In the event the Licensor decides during the term of this License to
widen the Bridge, then the Licensee agrees to give to the Licensor, free of
charge and at no co~t to Licensor, the avigation rights over its property on
its side of the present right-of-way of the Bridge. '
This License shall be binding upon the successors and assigns of the
parties hereto.
IN WITNESS WHEREOF, the said City and Licensee have caused this License
Agreement to be dUly. executed and the respective seal~ affixed by its officers
and ommiss1oners thereunto duly authorized, this IJ?~ day .of
,1987.
CITY OF CLEARWATER, FLORIDA
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Attes t:
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tti~ City ~lerk~_ ~..
LICENSOR
By:
PARTNERSHIP
ILTON
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