ROW LICENSE AGREEMENT
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RIGHT-OF-WAY LICENSE AGREEMENT
~hi . RIGHT-OF-WAY LICENSE AGREEMENT is made and entered into
this day of March, 1995, between the CITY OF CLEARWATER,
FLOR_DA, a Florida municipal corporation, (referred to herein as
the "City,") and Security Capital Atlantic Incorporated, whose
address is 125 Lincoln Avenue, Santa Fe, New Mexico 87501, a
Maryland corporation, (referred to herein as the "Licensee 11)
WHEREAS, an entrance monument structure or structures,
referred to herein as the "Entrance Monument," located at Stag
Run Boulevard and U.S;19, lies within the right-of-way of
U.S. 19, within the corporate limits of the City, upon land
dedicated to the public or owned by the City and managed by the
City as a public right-of-way; and
WHEREAS, the Licensee has responsibility for the maintenance
of the Entrance Monument, and desires to maintain the Entrance
Monument in its present locationj and
WHEREAS, the City agrees to permit the continued presence of
the Entrance Monument pursuant to the terms of this agreement;
NOW, THEREFORE, in consideration of the mutual covenants
herein set forth, the parties hereto agree as follows:
1. This agreement shall have a term of 15 years beginning
as of the date of this agreement, subject, however, to
termination by City as provided for in paragraph 6 hereof.
2. During the term of this agreement, the City shall permit
the Entrance Monument to continue to occupy its present location
and, except as provided by this agreement, will not interfere or
interrupt the Licensee's enjoyment of the continued presence of
the Entrance Monument except as provided herein.
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3. The Licensee shall keep the Entrance Monument clean,
neat, and in good repair at all times. The Licensee shall
commence and complete all necessary maintenance and repair work
on the Entrance Monument as necessary, but not later than 45 days
following receipt by the Licensee of written notice from the City
that such work is necessary, or within such longer time as may be
approved by the City. Upon failure of the Licensee to effect
such maintenance or repair work in a timely manner following
notice to the Licensee that such work is necessary, the City may
remove and dispose of the Entrance Monument without further
notice.
4. The Licensee shall indemnify and hold harmless the City
and its officers, agents, and employees against any claims for
bodily injury or property damage arising out of the maintenance
and continued presence of the Entrance Monument at its present
location, excluding claims or actions arising solely from
negligent acts of the City or its officers, agents or employees.
5. The Licensee shall purchase and maintain in full force
and effect for the entire term of this agreement a commercial
general liability insurance policy (CG OOOl-Occurrence type) in
the minimuTIi amount of $500,000 or an increased amount as deemed
necessary by the City Engineer. This policy will name the City
of Clearwater as an additional insured. In addition, the
Licensee will provide annually to the City (Attention:City Clerk)
a current certificate of insurance identifying the insurance
company, policy number, insured parties, coverage, effective
dates and the name, address and telephone number of the insurance
agency or broker issuing the certificate of insurance so that the
City at all times has a current certificate of insurance in its
possession. At any time upon written request of the City, the
Licensee will provide a copy of its insurance policy to the City
or produce the original policy so that the policy may be
photocopied by City personnel.
6. This License Agreement shall be subject to termination
by the City in the event of anyone or more of the following
events:
a. The material default by Lice~see in the performance of
any of the terms, covenants, or conditions of this License
Agreement, and in the failure of the Licensee to remedy, or
undertake to remedy to City's satisfaction such default within
the specific time period stated in this License Agreement,
provided, however, if no specific time period is stated herein to
remedy a particular default or to take a particular course of
action, then it is agreed by the parties hereto that Licensee
shall have a period of thirty (30) days after receipt of notice
from City to remedy the default or complete a particular course
of action required of Licensee, or such greater amount of time as
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may be required, provided that Licensee is diligently pursuing
the cure of any such default.
b. The City determines at a duly constituted City
Commission meeting that a public need exists for the premises
consistent with the City's Charter and the City serves Licensee
with sixty (60) days notice of such intended use. The City
agrees that it will not seek removal of the Entrance Monument
except as occasioned by a clear need to serve a municipal purpose
and will further, should such a need arise, attempt to limit the
extent of such removal and allow a portion of the Entrance
Monument to remain, when consistent with the needs of the City
and the safety of its citizens.
c. Licensee's removal of the monument.
7. Upon termination of this license for any reason
permitted hereunder, Licensee, at its sole expense, shall remove
from the premises any Entrance Monument which Licensee was
permitted to install or maintain in the City's Right-Of-Way under
the terms of this License Agreement. City may effect such
removal at Licensee's expense should Licensee fail to remove said
Entrance Monument from the premises within thirty (30) days of
receipt of written notice following termination of this License
Agreement. Licensee agrees to pay City promptly in the event of
such circumstance upon presentation of a proper invoice.
8. At any time during the terms of this agreement, if the
monument is deemed to constitute a safety hazard by the City
Engineer it shall be moved at the Licensee's expense to a safe
location in the immediate area of the original Entrance Monument.
9. Special condition of approval:
In the event the Florida Department of Transportation widens
U.S. Highway 19 in a manner requiring the removal of the Entrance
Monument, the City will allow the relocation of the Entrance
Monument at a site within the right-of-way of Stag Run Boulevard
upon the City Engineer's approval as to its safety. Permission
to relocate the Entrance Monument to a site on private property
is not conveyed by this agreement and is subject to the rules,
regulations, variance procedures and applicable law relating to
the establishment of a monument.
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IN WITNESS WHEREOF, the parties hereto have executed and
affixed their officials seals to this agreement on the day and
year first above written.
countersigned:
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C~4L~77:;ORIDA
Central Permittlng Director
C'
By:
Cit~a~~__..
Approved as to form
and COr.L!L::i.=9~lJl \
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FJ.~(~tCl y Attorney /
Attest:
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By: Anthonv R. Arnest
Title: Vice President
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STATE OF NEW MEXICO
SS.
COUNTY OF SANTA.;. -FE
The foregoing instrument was acknowledged before me this 7th
day of February, 1995, by Anthonv R. Arnest , the
Vice President of Security Capital Atlantic
Incorporated, a Maryland corporation, on behalf of said
corporation.
'MyCornmission Expires: /,/:;F)~ 39)'J 9?
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ir~~ry-publ-1c, State of New Mexico
Kim L. Hamilton
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