LICENSE AGREEMENT FOR VEHICULAR PARKING
,
1
ICULU PARKING
LICENSE AGREEMENT FOR VEH .
PARKING (herelnafter,
This LICENSE AGREEMENT FOR V~IC~~ this Jt I'll day of
i ade and entere o10WATER FLORIDA, a
"License") , S ~996 between the CITY OF CLJ:oIU'i 'n) and THE
, , . (h reinafter, "L censor ,
da Munlclpal corporat~on e tion not~for-profit, of 1189
ERLY HOME, INC. I a Fllorld~ cor~~~~ida 34625-5532 (hereinafter,
N. . Cleveland street, C earwa er I
"I~icensee") .
Whenever used herein the term -Licensor- and -Licensee- sha~l include all. ot the
~arties to this instrument and heirs,. legal represent.at~ves and asugns ot
individuals, and the successors and ass~gns of corporat~ons)
WIT N B S B ~ B:
1. Premises: In consideration of Licensee timely and fully
complying with the covenants and conditions herein contained,
Licensor does hereby grant to Licensee and Licensee hereby accepts
from Licensor, a non-exclusive License to utilize the following
described premises:
BASSADENA SUBDIVISION, Block D, Lots 1, 2 and 3 according
to the map or plat thereof as recorded in Plat Book 6,
Page 26 of the Public Records of Pinellas County, Florida.
2. Use: Licensee shall have the right and privilege to use the
above described premises for the purposes of erecting one (1)
business identification sign, and for providing intermittent and
occasional parking for vehicles, including, but not limited to,
automobiles and other personal vehicles owned and operated by
Licensee, its officers, employees, patrons and invitees.
3. . Term: This License is granted to Licensee and extends
indefinitely until such time as the occurance of anyone, or more,
of the following:
a. Licensee abandons its use of the license premises; or,
b. Material default by Licensee in the performance of any
of the terms, covenants or conditions of this License
agreement, and in the failure of Licensee to remedy, or
undertake to remedy, to Licensor's satisfaction such
default for a period of thirty (30) days after receipt
of notice from Licensor to remedy same; or,
c. Receipt by Licensee of written notice from Licensor
that the premises are required for any other purpose
as shall be solely determined by Licensor.
At such time as any of the aforementioned events occur, all
rights granted herein in favor of the Licensee shall automatically
extinguish and the license premises shall revert fully to the
Licensor as if this License had never been granted. paqe 1 of 4
(!{l , 'if;
,'-.:
II
..
.
4. Liabilitv/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. Insurance: Licensee shall procure and maintain during the
term of this license, Comprehensive General Liability Insurance
which shall provide:
a. Minimum coverage limits of $500,000 Per Occurance Combined
Single Limit for Bodily Injury Liability and Property Damage
Liability.
b. The City of Clearwater, as Licensor, shall be named as
additional insured.
c. The Policy shall provide coverage for any death, bodily
injury, personal injury or property damage that could arise
directly or indirectly from the performance of this license.
d. The insurance coverages and conditions afforded by this
policy shall not be suspended, voided, canceled or modified except
after thirty (30) days prior written notice by certified mail
return receipt requested has been given to the city's Risk
Management Office.
e. Licensee' s obligation to carry the insurance provided
herein may be brought within the coverage of a "blanket policy" of
insurance carried and maintained by Licensee; providing, however,
that the coverages afforded the Licensor shall not be reduced or
diminished or otherwise be different from that which would have
existed under a separate policy meeting all other requirements of
this license agreement.
f. certificates of Insurance meeting the specific required
insurance provisions specified within this License Agreement shall
be forwarded to the city' s Risk Management Office and approved
prior to possession of the license premises.
Page 2 of 4
I
I
6. Other provisions: Integral to the rights and privileges
herein granted, the parties further agree as follows:
a. Licensee shall at all times maintain the premises in
compliance with all applicable city of Clearwater codes.
b. Licensee shall be responsible for any and all maintenance
of the premises, and all expenses for utilities required in the
operations and maintenance of the license premises.
c. Licensee, at its expense, shall comply with all
applicable Federal, state and Local environmental laws, and shall
not allow the storage, use, disposal, or discharge by itself or
others, of any contaminants or hazardous materials on or about the
license premises.
d. If this license, or its operation, shall create any ad
valorem or other tax obligations, it shall be incumbent solely upon
Licensee to timely discharge same.
e. Following execution of this agreement Licensor, at its
expense, shall construct bollard fencing along the sidewalk
boundary of the license premises generally as depicted in EXHIBIT
"A" (License premises) attached hereto.
7. Notice: Any notice given by one party to the other in
connection with this License shall be sent by certified mail,
return receipt requested, with postage and fees prepaid:
If to the Licensor:
City Attorney
City of Clearwater
P. o. Box 4748
Clearwater, Fl. 34618-4748
If to the Licensee:
Executive Director
The Kimberly Home, Inc.
1189 N.E. Cleveland st.
Clearwater, Fl. 34615
8. Quiet Enjoyment: Upon observing and performing the
covenants, terms and conditions required by this license agreement,
the Licensee shall peaceably and quietly hold and enjoy the license
premises for the indeterminate term as stipulated herein, without
hinderance or interruption by the Licensor.
Page 3 of 4
I
I
9. Attornev Fees: In the event either party hereto files an
action to enforce any covenant of this license, or for breach of
any covenant of this license, the party adjudged to be the
defaulting party shall pay the reasonable attorney fees, as fixed
by the court, of the non defaulting party.
10. Entire Agreement: This License Agreement contains all of the
terms, conditions and covenants binding the parties hereto. There
shall be no other terms, conditions, covenants or understandings,
either written or oral, binding upon the parties unless expressed
herein in writing, or subsequently add ended hereto by mutual
agreement of the parties.
IN WITNESS WHEREOF, the undersigned parties, have hereunto
affixed their hands and seals the day and year first' above written.
Rita Garvey
Mayor-commissione
CITY OF CLEARWATER, FLORIDA
By: ~'" ~
Eliz th M Deptula
City anager
Attest:
Signed, sealed and delivered
in the presence of:
blA~J Jk..,.y
Signat:ure
D D(<.O-r II LI J,!-Iv UJ
Pil~
/ ~/11;.. ~,~
Signature
A R tHurlZ rD~/Zo-1.0.u
Print Name
THE KIMBERLY-Hq~~, lNC.
By: ~/!(y. [kfent
Attest:
~~r~~etarY
Approved as to form and legal sufficiency:
~~- -c-r---c: "
~hn Carassas, Assistant City Attorney
Page 4 of 4
I....
i" . ~
~o 4~ -;0
GRAPHIC SCALE
SCALE: '": 40'
Elannrr "A"
License Prem ises
. ,
.~
~- CCCCCCCC
LICENSE PREMISES/BOLLARD FENCING
._----------------------~
,
DREW ST
(83' R/W PLAT)
Ii
L
R
CH =
CB =
= 10,.o1&'03f'IRT)]
= 33.75'IC)
= 1 9 . 00' I C &0 )
29.48' Ie)
S 58" 34' 05 f'
,-------
,
I
1
,
P.O:B.
I
,
I
5' CONCRETE
SIDEWALK
........ .....,":,. ,"' .....',
.......:..;........
~'\ .
~~()
(,\.~~~,
c,'\ ~ ~
y.~~c.: ~
~o~'\ \\:1"
....
. ..' .
"~' .~;, ~.:. .--.:.,.:. .~.~..:.-:~....:..
. -
t..
. -
'V
\D W
'V ~I
Z.
~,
.o:t'
,
-,
~,
0'
Ill'
Ill,
i'
::E
-. .:', \ .:~. . ',..
.
\D~
o::E
52
\D .
...... ,.,
!\~ ~
. · i to
'V"
c
,2: .X .7' CBS WALL
.IL u
0-
w
- if >
.o:t
x
~
0
ex:
FIP
BOUNDARY SURVEY
JOB No. 60-'305.11 DATE 01-28-95
rleld 811 Rev.
Book
~ " = 40' Rev.
Drown By: P.!M Checked By. oes
I HCREBY CCRTIIY THAT 10 Ire b<.s1 f)f "y 1rQ.y/tdr;c 0fiS bell~
IffJ B<vtd"'T Srrtf Ii 1/ wfod fe{Y'eJU'ldl", f)f 1/ JUfftf os
per(()'1f't:d I/fIdfr ... ~fffCI Jvfe/')I511Y1 OfiSlfd JOld Wf'rtt IfQJ
pu(()'1f't:d III oavt!ol'Q Iflffl/", IlIri/1lJlt/ T<<IrI"" SlOfiSardJ f)f
chJ(:Ier 61GU-6, fl()'ItJl/ AdrrirlJ.'fdlrt CMe. PJfJlJO'" 10 S<<II()'I
4721)21. fl()'I". S1dvt6J.
~ lNCItr.lRS,Pl.ANNERS , SURY(YOIlS
o sm .[51 CYPRESS S1R[(l. SU'l( 300
lALCPA. flORIDA )3'07
POS1 8liCILf1 $:fUr. IlUllm PC 181)1-117-721S Sheet 2 of 2