PARKING LICENSE FOR PARKING SAND KEY BRIDGE
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LICE N S E
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This License ~de this ~ day of
1982, by and between the CITY OF CLEARWATER, FLORIDA, a municipal
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, A.D.
corporation, herein$fter called "Licensor," and CLEARWATER BEACH SUNSET
HOTEL ASSOCIATES, LTD., a Florida Limited Partnership, hereinafter called
"Licensee;"
WIT N E SSE T H:
The License Agreement previously entered into on the 29th day of
January, 1980, between the City of Clearwater and Suncoast International
Inn, Ltd., is hereby canceled and terminated.
On the 26th day of August, A.D. 1963, the State of Florida granted
to the City of Clearwater a perpetual easement, of which the subject land
is a part, to be used for public 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 as 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.
In considerati9n of the covenants herein contained, on the part of
said Licensee to be kept and performed, the said Licensor does hereby
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grant a non-exclusive parking License to the said Licensee for the
following described property as shown on 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. 77037'32" E, 90.00 feet, along the
southerly border of said subdivision; Thence run
S. 12022'28" W, along the easterly line of a right-
of-way easement for Clearwater Pass Bridge, as recorded
in O.R. Book 1763, Page 432, of said Public Records,
156.18 feet, to a point on a seawall; Thence run north-
westerly, 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. 12022'28" E, 153.60 feet to the Point of
Beginning.
The License shall run for a term of five (5) years from the first
day of May, A.D. 1982, with the Licensee paying therefor the monthly fee
of One Hundred Fifty Dollars ($150.00) or One Thousand Eight Hundred
Dollars ($1,800.00) per year.
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The said Licensee covenants with the said Licensor to pay the fee
in equal quarterly payments of Four Hundred Fifty Dollars ($450.00) to be
made on the first day of May, August, November, and 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, A.D. 1982.
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 p-rriod of the License, and the License shall be amended
to reflect the same 1
Licensee further agrees that it should make no unlawful, improper, or
offensive use of th~ right-of-way and shall not assign this License or
sublet any part of the said premises; and Licensee shall not use said
premises for any other purpose than for the non-exclusive right to park
vehicles in conjunction with the Hilton Inn, which is owned and operated
by Licensee on adjacent property; Licensee shall quit and deliver up the
said premises at the end of the license grant in as good condition as
they are now, ordinary wear and decay and damage by the elements excepted.
And the said Licensee hereby covenants and agrees to carry and maintain the
premiums on a policy for public liability and property damage insurance
saving Licensor harmless from all claims or demands occasioned by any person
or persons using said premises during the License term 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 Licensee shall pay all
premiums required thereby.
If the said Licensee shall violate any of the covenants of this License,
the said 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
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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 licens~ interest on the same without the express written
consent of the Licensor.
Licensor may cancel this License at any time for maintenance of
Bridge and any other good and sufficient reason.
The Licensee further guarantees that it will maintain a pedestrian
access across its property to the City's right-of-way easement, only
for the purposes of fishing, swinnning, and beach usage. Said guaranteed
access shall apply to all property as defined in Exhibit "A. ',I Licensee
further guarantees to provide open access to said area to City vehicles
only 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 cost 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 seals affixedcL
duly authorized, this 11
by its of~~~nnnissioners thereunto
, 1982.
By
to form
Attest:
~L~
City Clerk
LICENSOR
d:P~ C!.~
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CLEARWATER BEACH SUNSET HOTEL ASSOCIATES,
LTD., a Florida Limited Partnership
LICENSEE
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