LICENSE AND INDEMNIFICATION AGREEMENT
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C I T V .0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
TO:
FROM:
COPIES:
SUBJECT:
DATE:
Cyndie Goudeau, City Clerk
Ream Wilson, Director Parks and Recreation
Restrooms on Clearwater Beach
March 23, 1987
Attached is the "License and Indemnification Agreement" between
the City of Clearwater and Pier Pavilion, Inc. with original
signatures. This is provided for your files.
I hope to have a similar agreement signed with the Palm
Pavilion within the next few days. Please contact me if you
have any questions.
Attachment
RW/ev
RECEIVED
MAR 24 le87
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LICENSE AND INDEMNIFICATION AGREEMENT
THIS AGREEMENT is made and entered into this e)(}I:/L day of
February, 1987, by and between PIER PAVILION, INC., a Florida
corporation, hereinafter referred to as "LICENSOR" and the CITY
OF CLEARWATER, a Florida municipal corporation, hereinafter
referred to as "LICENSEE".
WIT N E SSE T H:
WHEREAS, LICENSOR is presently leasing the premises located
on Clearwater Beach at See Exhibit A
which lease includes two public restroom facilities located
adjacent to what is commonly known as the "Pier", and
WHEREAS the referenced lease does not require that the
LICENSOR keep the restroom facilities open to the public during
the evening hours, and
WHEREAS, the City of Clearwater desires to assume operation
and control of the said restroom facilities during the evening
hours after the PIER PAVILION has closed,
NOW THEREFORE in consideration of Ten ($IO.OO) Dollars in
hand paid and for other good and valuable consideration, the
parties agree as follows:
l. LICENSOR hereby grants to LICENSEE the right to have the
exclusive use, possession and control of the interior and
exterior of the public restrooms which are located immediately
adjacent to the "Pier" and which are subject to the aforementioned
written lease between LICENSOR and LICENSEE during the evening
hours and after the normal business hours and the closing of each
business day of operation of the PIER restroom facilities.
2. In exchange for receiving the use and benefit of these
restroom facilities during the evening hours, LICENSEE hereby
agrees to assume sole and exclusive control, use and possession
of these restroom facilities during the period of time the
LICENSEE exercises control of the restroom facilities by posting
an officer, employee or agent of the LICENSEE on the premises.
3. LICENSEE agrees that it shall be solely responsible for
maintenance, care, preservation, safety, and upkeep of the rest-
room facilities during the periods of time that it has control of
same except for claims arising from the negligence or intentional
acts of LICENSOR or its officers, employees or agents. During
the time the restrooms are being used by the CITY OF CLEARWATER
for public purposes, the LICENSEE agrees that it shall be fully
and solely responsible for any and all damage, liability, claims
or maintenance of the restroom faciiities, subject to the
limitations of the Sovereign Immunity Waiver Act, Section 768.28,
Florida Statute, and successor provisions thereto. The CITY OF
CLEARWATER hereby indemnifies and holds LICENSOR harmless from
any and all claims, liability, or actions of whatsoever nature,
including reasonable attorney fees, which in any way relate to
the use, operation, or maintenance of the subject restroom
facilities at any time during the times the CITY OF CLEARWATER is
to have control of these restroom facilities pursuant to this
License Agreement. This paragraph shall not be construed as a
waiver of the defenses and limitations available to the LICENSEE
under said act or successor provisions thereto.
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