LICENSE AGREEMENT (4)
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LICENSE AGREEEMENT
THIS LICENSE AGREEMENT is made and entered into this
\q~__day of ~llli+-
, 1986, by and between the
CITY OF CLEARWATER, a Florida municipality (herein, the "CITY"),
and RICHARD DIMMITT (Herein, the "LICENSEE").
WHEREAS, the CITY owns an easement which is described
herein, and the LICENSEE owns certain real property; also
described herein, which is partially subject to and partially
adjoining the easement; and
WHEREAS, the LICENSEE has requested a license to use a
portion of the easement for the purpose of installing and
maintaining a sign, and the CITY has agreed to grant the license
subject to the terms and conditions set forth in this License
Agreement; now therefore
FOR AND IN CONSIDERATION of the sum of Ten Dollars and other
good and valuable consideration in hand paid to the CITY by
LICENSEE, and of the mutual promises and covenants set forth
herein, the parties hereto agree:
1. The CITY grants unto LICENSEE a nonexclusive license to
use the easement described in Exhibit A, attached hereto, for the
construction and maintenance of a sign to identify the property
of the LICENSEE adjoining the easement which is described in
Exhibit B, attached hereto.
2. The term of this agreement shall be from the date hereof,
through October 31, 1990.
3. This license is granted subject to the following terms
and conditions, and the LICENSEE agrees to comply with each and
every term and condition:
(a) The sign to be constructed within the easement
shall meet all applicable requirements of the ordinances of the
CITY in effect as of the date of this agreement or as may be
modified prior to the issuance of the permit for the installation
of the sign. The LICENSEE agrees to request no variances from
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the application of any of the applicable ordinances of the CITY
with respect to the sign or the location of the sign. With
respect to the setback requirements for the sign, the CITY repre-
sents to the LICENSEE that a minimum required setback for the
sign shall be measured from the boundary between the easement and
the adjoining road right-of-way, and not from the boundary bet-
ween the easement and the LICENSEE's adjoining property.
(b) Within the easement, the sign shall be installed at
a location which, in the opinion of the City Engineer, does not
conflict with utility lines presently existing in the easement
(if any) or which is not reasonably likely to conflict with the
use of the easement during the term of this agreement.
(c) The LICENSEE agrees to relocate or remove the sign
at its expense if, during the term of this agreement, the City
Engineer of the CITY determines that the relocation or removal of
the sign is necessary in order to avoid a conflict between the
sign and utility lines installed or to be installed in the ease-
ment, or is otherwise necessary to permit the use of the easement
by the CITY for the intended purpose of the easement, or upon the
acquisition or threat of acquisition of the easement by other
governmental agency for any public purpose.
(d) The LICENSEE shall post with the CITY and con-
tinuously maintain during the term of this agreement a cash bond,
surety bond or letter of credit from a financial institution
acceptable to the CITY in the amount of ~ I, 000. 00 , which
amount represents the City Engineer's estimate of the probable
cost to remove the sign from the easement. The cash bond, surety
bond or letter of credit shall guarantee the removal by the
LICENSEE of the sign within ninety (90) days following receipt of
notice from the City Engineer of the CITY that the removal of the
sign is necessary pursuant to this agreement. Each surety bond
or letter of credit shall be renewed not later than one hundred
twenty (120) days prior to the expiration of the surety bond or
letter of credit.
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(e) In the event that the LICENSEE wishes to relocate
the sign within the easement, the location shall be approved by
the City Engineer of the CITY, and this agreement shall continue
in full force and effect as if the sign had not been located. In
such event, the City Engineer may revise his estimate of the pro-
bable cost to remove the sign, and the LICENSEE shall furnish a
new cash bond, surety bond or letter of credit if the estimate of
the City Engineer has increased or decreased.
(f) The installation and maintenance of the sign within
the easement pursuant to this agreement shall not confer upon the
LICENSEE the right to relocate the sign within the easement or to
another location within the adjoining real property of the
LICENSEE. However, the LICENSEE may relocate the sign to the
LICENSEE's adjoining property if the relocation may be
accomplished without violating any applicable ordinance of the
CITY at the time of such relocation, including but not limited to
ordinances pertaining to signs, on-site parking, required
landscaping, or required open space. As an additional inducement
to the CITY to enter into this agreement, the LICENSEE assures
the CITY that the plans of the LICENSEE for the development of
the adjoining property include or will include space for the sign
in the event that relocation of the sign is required, and that
the relocation of the sign to that space will not cause the loss
of required on-site parking, required landscaping, or required
open space, or will otherwise violate any applicable ordinance of
the CITY, and that the sign may be relocated without obtaining a
variance from the application of any of the applicable ordinances
of the CITY.
(g) The LICENSEE agrees to defend, indemnify and hold
the CITY harmless from any and all claims for damages resulting
directly or indirectly from the installation and maintenance of
the sign in the easement pursuant to this agreement, and from any
and all other claims arising under this agreement, except for
claims arising from the negligence of the CITY or its officers,
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employees or agents.
4. This agreement and the rights and obligations hereunder
shall run with the land and shall be binding upon the successors
and assigns of the parties hereto. This agreement may be
recorded in the public records of Pinellas County, Florida.
5. This agreement may be cancelled by either party by giving
notice in writing to the other party not less than thirty (30)
days prior to the cancellation date. In the event of can-
cellation of this agreement, the LICENSEE shall remove the sign
at its expense within not more than ninety (90) days following
the notice of cancellation.
IN WITNESS WHEROF, the CITY and the LICENSEE have hereunto
set their hands and seal the day and year first above written.
By
Approved as to form
and correctness:
Attest:
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rND It L 7-53-51
SURETY BOND FOR LICENSE AGREEMENT
(Sign in :Easement)
RNm. .~ ~?f: M~N BY THESE PRESENTS, t.hat
\0\~ Richard Dimmi tt
, as Principal, and
Peerless, Insurance Company
, a corporation
organized and existing under the laws of the State of
Florirl~
, as
Surety, are held and firmly bound unto the City of Clearwater, Florida, as Obligee, in
the sum of
OnE'! Th(m~;:'Inn ~nd no/100-----------Dollars ($ 1.000.00 )
lawful money of the United States of America, for the payment of which we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain License Agreement between
the Principal and the Obligee, dated
Auqust 8
, 19....8..6.-,
providing for the installation and maintenance of a sign by the Principal in an
easement owned by the Obligee, and the License Agreement requires that the
Principal furnish a bond to the Obligee;
NOW, THEREFORE, the conditions of this obligation are such that if the
Principal shall in all respects comply with the obligations of the said License
Agreement, and shall remove the sign installed pursuant to the License Agreement
within ninety (90) days following receipt of notice from the City Engineer of the
Obligee that the removal of the sign is necessary, without cost or expense to the
Obligee, then this obligation shall be void; otherwise, to remain in full force and
effect.
And the Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the License Agreement shall
in any way affect its obligations under this bond, and it does hereby waive notice of
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any such change, extension of time, alteration or addition to the terms of the License
Agreement.
It is further provided that this bond shall be in effect continuously during the
term of the License Agreement. This bond may be cancelled at any time after one
year following the date hereof by the Surety upon giving not less one hundred twenty
(120) days written notice to the Obligee, in which event the liability of the Surety
shall, as of the cancellation date set forth in the written notice to the Obligee, cease
as to the subsequent default on the part of the Principal.
IN TESTIM ONY WHEREOF, the parties hereto have set their hands and seals this
8th
day of
August
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PRINCIPAL:
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By: ~ ~i~')
Richard R- Dirnml
Title: ~\f~~\J\ '
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SURETY:
PEERLESS INSURANCE COMPANY
By:
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Attotftey in Fact < ". ~-
CAROL LEE COSLETT
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204921
July 29. 1988
Peter A. Thomson and/or Carol Lee Coslett and/or
Jacque Hoffman
Tampa
Florida
bonds guaranteeing the fidelity of persons holding places of public or private trust; bonds guaranteeing the performance of contracts other than
insurance policies; and executing or guaranteeing bonds and undertakings required or permitted, in all actions or proceedings or by law allowed;
no one bond to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00):
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Form PS,97.D .10 J,62H
t~ . ,~ ,.
TO:
FROM:
COPIES:
SUBJECT:
DATE:
II
C I T yl 0 F C LEA R W ATE R
Interdepartment Correspondence Sheet
John D. Richter, Development Code Administrator
william C. Baker, Director of Public Works
E. S. Haeseker, Asst. City Manager; M. A. Galbraith, City Attorney;
G. L. Bahnick, Civil Engineer
Sign 1n Easement, Dimmitt Cadillac
July 9, 1986
Please be aware that upon examination of material relative to the
subject matter the following has been determined:
1. There is no apparent interference with our easement rights
that would be caused by the sign.
2. The extent of the encroachment 1S acceptable.
3. There are no traffic hazards associated with the placement.
4. A determination of moving costs to be provided by a
form of surety has been established at $1,000.00.
The applicant may provide a cash payment of $1,000.00 to be refunded
upon providing an acceptable form of surety, or may allow the cash
payment to remain as surety.
Insofar as Engineering is concerned, the application 1S acceptable.
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'I" 1 1 1986
PLANNING
DEPARTMENT