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LICENSE AGREEMENT FOR VEHICULAR PARKING ~ ,~ ,t J I PREPARED BY & RETURN TO: Earl Barrett Engineering Administration city of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 LICENSE AGREEMENT FOR VEHICULAR PARKING This LICENSE AGREEMENT FOR VEHICULAR PARKING (hereinafter, "License"), is made and entered into this Pl& +-... day of ~11l ' 1996, between the CITY OF CLEARWATER, FLORIDA, a Fl id Municipal Corporation (hereinafter, "Licensor"), and WI I E. and MARILYN M. ROWE, husband & wife, of 3065 Cleveland Street, Clearwater, Florida 34619-4310 (hereinafter, "Licensee"). (Whenever used herein the term "Licensor" and "Licensee" shall include all of the parties to this instrument and heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WIT N E SSE T H: 1. Premises: In consideration of Licensee conveying title to Licensor by Special Warranty Deed of real property described as follows: The northerly 20 feet of the East 75 feet of the West 386.05 feet of the North 110 feet of the South 1/2 of the SE ~ of the NW ~ of the NW ~ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, Licensor hereby grants to Licensee and Licensee hereby accepts from Licensor, an exclusive License to use the following described premises: That portion of the Northwest ~ of Section 16, Township 29 South, Range 16 East, being more particularly described as follows: The West 20 feet of the South 90 feet of the following described parcel: The East 75 feet of the west 461.05 feet of the North 110 feet of the South ~ of the Southeast ~ of the Northwest ~ of the Northwest ~ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. Page 1 of 5 r ' I I 2. Use: Licensee shall have the right and privilege to use the above described premises for the purposes of parking Licensee's vehicles, including, but not limited to, automobiles, trailers and recreational vehicles, including a motor home, if owned by Licensee. 3. Term: This License is granted to Licensee and extends indefinitely until such time as the occurrence of anyone of the following events: a. The Licensee conveys title to Licensee's residence located at 3065 Cleveland Street, Clearwater, Florida 34619-4310; or, b. Licensee otherwise vacates the aforementioned property as Licensee's residence; or, c. Upon the license premises being abandoned by Licensee; or, d. Upon the death of Licensee At such time as any of the aforementioned events occur, all rights granted herein in favor of the Licensee shall automatically extinguish and revert fully to the Licensor as if this License had never been granted. 4. Liability/Indemnification: The Licensor will not accept and explicitly renounces any liability of any nature for use of the License Premises by the Licensee; and Licensee shall save and hold harmless the Licensor, its successors and/or assigns, from any and all liability arising from injury to person or property during the term hereof; provided, however, that Licensor shall be liable to Licensee for any injury to person or property upon the License premises occasioned wholly or in part by any negligent act or omission of the Licensor, its servants, agents or employees, and provided, further, that the total amount to be indemnified by the Licensor in any event under any circumstances shall not exceed the statutory limits set forth in Section 768.28, Florida Statutes. 5. Other Conditions: Integral to the rights and privileges herein granted, the parties further agree as follows: Page 2 of 5 r '! I I a. The license premises shall remain unimproved and in its natural state as of the date hereof, and no improvements shall be permitted to be erected thereon during the term hereof, as more specifically defined in Paragraph 3 above. b. Licensee shall not store, use or dispose of any waste products or hazardous materials in, on, or about the license premises; and shall comply with all applicable governmental laws with respect to the premises and their use and occupancy during the term hereof. c. Licensor shall plant, nurture and maintain trees deemed suitable by Licensor easterly of and adjacent to the license premises for the purposes of developing periodic reasonable shade cover for the license premises. d. Licensor shall regularly maintain the license premises as part of its normal maintenance schedule of the parent parcel wherein the license premises lie; but shall not be obligated to restore grasses or otherwise improve the license premises during the term hereof, or to mow or otherwise maintain any area of the premises lying beneath Licensee's vehicle(s) if occupying the premises at such times as normal maintenance measures are scheduled. 6. Non-Assiqnabilitv: All the rights and privileges herein granted are solely and exclusively granted to the above named Licensee, none of which may be assigned by Licensee to any other party or entity. In the event of such assignment by Licensee, this license shall automatically become null and void in all respects, whereupon this license shall immediately terminate, and Licensee shall vacate the license premises without further notice. 7. Entire Aqreement and Bindinq Effect: This License and any attached exhibits constitute the entire agreement between Licensor and Licensee. No prior written or prior contemporaneous or subsequent oral promises or representations shall bind the parties, except by written instrument signed by both parties hereto. 8. Attorneys Fees: In the event that either party seeks to enforce this agreement or to interpret any provision of this agreement, by law or through attorneys-at-law, or under advice therefrom, the parties agree that all costs, including reasonable attorneys fees, be awarded to the prevailing party. Jurisdiction for enforcement of this agreement shall be in Pinellas County, Florida. Page 3 of 5 , , ~ . .. ' I I IN WITNESS WHEREOF, Licensor and Licensee have executed this License as of the day and year first above written. LICENSOR: CITY OF CLEARWATER, FLORIDA By: ~kl~ Eliza th M Deptula City anager ' R a Garvey Mayor-Commissioner Attest: . -,-z. ~9~ .:;,. 1a E~~ou~au" :- Clerk--: "'. .... ~~-=>~ ohn Carassas Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS . . . . BEFORE ME, the undersigned authority, personally appeared Rita Garvey, Mayor-Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and seal this .2.34day of (\../,,,-../ 1996. ~ c ~~ Notary Publi~ of ~%:id!AAOLYNL.eAINK Print/type name: ~ ~ COMMISSION # CC 463040 . EXPIRES MAY 22. 1999 ~'(' ~ BONDED THRll ~Of f\-~ ATlANTIC BONDING co., INC. STATE OF FLORIDA COUNTY OF PINELLAS . . . . BEFORE ME, the undersigned authority, personally appeared Elizabeth M. Deptula, City Manager of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. G ;t:~ Notary PUbliC~ o~ FIo~i28 Print/type name: ....~ PlJ6' LYN L. BRINK ~ i'5 EXPIRES MAY 22, 1999 Page 4 of 5 s BONDED THRU Of f\-~ ATlANTIC BONDING co., INC. ~,.:' J ',,"1 ~ , ' I I LICENSEE: WILLIAM E. , MARILYN K. ROWE signed sealed and delivered in the presence of: W~ ~:J."(~ A'''-IN c=,-~LC; t)olG F print Name W"ITNESS ~),&~~~ ~ ~1V~:a'AI ~ ~~~1t Rowe t=~ tV'. b~ Print Name STATE OF FLORIDA COUNTY OF PINELLAS . . . . Notary Public - st Type/print name: instrument was acknowledged before me this 3/ ~ , 1996 by william E. Rowe~. 1~'mmNNNlImmIlIIlNllllllllllllmml" ( , ~Wj"'" p~ Earl W. Barrett ~ . I ; .. Notary Public, Slate of Florida ( : I ~ i Commission No, CC 537063 ~ I OFf\.o My Commission EllpircsOS/26loo ( 'J ( '! 'oIOO-J.NOTARY. Jl1a. Nuwy s-.tvie. 8< BondIa& Co. ( '\"''l'l''''''''')\\'''''''''''~:;'''' ..,"\"'N'\y'l\\.,..,.,..... \..,\.....'l...,.,\..,..,..')>~ The day of [ ] Personally Known ~roduced Identification Type of Identification Produced IZJ./)r }?(J2J-'1?S"-:A6- f/f/I/-O STATE OF FLORIDA COUNTY OF PIHELLAS . . . . Notar Public - Sta Type/print name; : ,'NlIllIllIlIllIlIllIIlIllIlIlINIIIIIIIIIINIIII. ( .' ~..", "q~ Earl W. Barr' ( ~~.. ,ett ( . : ... Notary Public, State of Florida ( : ' \ i Commission No. CC 537063 ( . Of f\.O My Commission Expires OS/26100 ~ II · .oIoo.J.NOTARY. Jl1a. N<>Izl)' Smi_: & BondiD. Co ~ [ ] Persona y Known ,,'Y'I'l,..'l..\..'^....,\..,'\w,.,..."'>'>'>..,'>':)',';'...,..,\')'>)))..,)...\'>..,..,'l~ ( [~roduced Identification '. . Type of Identification Produced Pi,lJ,L, R.a:JJ-SSIf' -3'0 -6-S2..-0 instrument was acknowledged before me this 3/~ 1996 by Marilyn M. Rowe. The day of Page 5 of 5 . ~ -to,' 't e- ,;. . ' ' I, J': z I (:i W ...:.e: :' '';; ': .-J ~ i: .-J ,&l! :=) V!! 13 I ii ~ j :: ...... ....... '...... =.............. ....,.. ..'= ,=...~...__...= ....... ....... ="'-'''~ : i . """ ,~. j I I II (;' W<w~ """~ "'~ j II , : !I i i 8CAl..Ec 1'-<10' CLEVELAN D ST. t> 15' - --lR!~ -BE - PLA lED BY UC NSOR 'b 01 15'x90' UCENSE PREMISES : : ! j . ~ 'I :~ f " ! ~ i u I ~ T I "I i .: 22/32 ~ BOOTH ROAD \JNECTlON" NOTES: ! ; . : ~ ~ CITY OF CLEARWA lER. FLORIDA ENGINEERING DEPARTMENT IlAAlIIN BY nJI amcm BY EASEMENT SKETCH EB CLEVELAND STREET DESIGNED BY CRf' DATE 05 27 9. AIL: 93Ol14A 1 OF' 1