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LICENSE ~ " " -:.".. 'c . > J I LICENSE This License made this ;2.3~ay of January, A. D. 1970, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called "Licensor", and FIELD HOTEL CORPORATION, a Pennsylvania corporation authorized to do business in the State_of Florida, hereinafter called "Licenseell; WITNESSETH: That in consideration of the covenants herein contained, on the part of said Licensee to be kept and performed, the said Licensor does hereby grant a License to the said Licensee for the following described property: That certain real property situated beneath the Clearwater Pass Bridge on the North approach between the North Ab1tment of said Bridge and Bent No.4, Pinellas County, Florida. This said License shall run for a term of five (5) years from the first day of January, A. D. 1970, with the Licensee paying therefor the monthly fee of One Hundred Dollars ($100. 00) or One Thousand Two Hundred Dollars ($1,200.00). per year. And the said Licensee covenants with the said Licensor to pay the fee in equal quarterly payments of Three Hundred Dollars ($300. 00) each quarter commencing with the first such payment to be m~de on January 1, 1970, and a like payment of Three Hundred Dollars ($300.00,) to be made on the first day of April, July and October 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 January, A. D. 1970; Licensee shall make no unlawful, improper or offensive use of the premises and shall not assign this License or sublet any part of the said premises without the written consent of the Licensor; and Licensee shall not use said premises -1- .../' :20 -D 0,5 -()() (l) . . . ,- . " . "" I I for any other purpose than as a parking lot facility in conjunction with the Statler Hilton Hotel, which is owned and operated by Licensee on adjacent property; Licensee shall quit and deliver up the said premises at the end of said term 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 shaH 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 owned by the City of Clearwater; it is expressly agreed that Licensee shall make no improvements to said premises or otherwise encumber it1s license interest On the same without the express wri tten consent of the Licens or. Licensor may cancel at any time for maintenance of Bridge and any other good and sufficient reason. The Licensee agrees that it will pave the area to be surfaced and light the same to City standards, the plans and specifications therefor to be approved by the City Engineer and the City Manager. - 2 - r~ ~.t.. . .. ll'<,_~" ....,. !'. \-'~ I I The Licensee further guarantees that it will maintain an access to the beach and shoreline to the public for the purposes of fishing, boating and swimming along the said property which the said Licensee owns on the East side of the Bridge. In the event that the Licensor decides during the term of this License to widen,,1:he 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 both sides of the present right of way of the Bridge. The Licensor in consideration of the premises does hereby give and grant unto the Licensee the option to renew the within License for an additional term of five (5) years upon the same terms and conditions as herein stated and at the same rental as provided herein. Licensee shall give written notice of the exercise of this option on or before thirty (30) days prior to the expiration of the principal term. This License shall be binding upon the successors and assigns of the parties hereto. WITNESS our hands and seals this e:<.3fl..J day of January, A. D. 1970. Approved as correctness: ~A::~.~ ~ Attorney . /(d~e. .~YL- ~;f{ ~. As to Licensee " ::~R'~ORIDA~ City Manager LICENSOR FIELD HOTEL CORP /~, , By ~J-a'<P"- ICE President Attest: ,"" p~ iif5sr: Secretary . . -~ "'. . " - - - ~ - ~ ~ -"~~',\';-'~-:'- - ' - /' - ." ... LICENSEE -3-