LICENSE AGREEMENT (13)
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made and entered into this
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day of
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, 19~ by and between the CITY OF CLEARWATER, a
Florida municipality (herein, the "CITY"), and 601-j:) + [/J.e::}n1()ND Sou/ZCd
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(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 initial term of this agreement shall be for three (3) years from the date
hereof, and shall be extended automatically for additional terms of one (1) year unless
terminated by either party as provided herein. However, the term of this agreement,
including all extensions thereof, shall not exceed fifteen (15) years.
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 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 represents to the
LICENSEE that the 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 between the easement and the LICENSEE's adjoining property.
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(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 easement, 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
another governmental agency for any public purpose.
(d) The LICENSEE shall post with the CITY and continuously 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 till. a2? <ZQ.
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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. Ea.ch 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.
(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 probable 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 ipstallation 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
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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, 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 cancellation 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 WHEREOF, the CITY and the LICENSEE have hereunto set their
hands and seal the day and year first above written.
CITY OF CLEARW ATER
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City Manager
By
Approved as to form
and correctness:
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Attest:
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LICENSEE
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BUILDING INSPECTION DIVISION
OF PLANNING AND DEVELOPMENT DEPARJ~cr~I~~ED
~ _ Lf. 10 SOU~O~~~~~~~8AVENUE ~~!!"9 _Y?~~~~:r
?tr~ CLEARWATER, FLORIDA
I 'b 'B 6 SIGN PERMIT APPLICATION OCT 25m;
PROJECT ADDRESS 3241 US I-I/GJ-/vJAY /q AI
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LOT 3
PARCEL NUMBER
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SUBDIVISION NOIZTHSI DE ~Q.)A~
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TELEPHONE 576 - Cj ;35:/
BLOCKffRACT
OWNER S,2Ve WE' { foJTi2Al JR
ADDRESS /324'7 - 3~-rH ST. N.
CITY Sf. pere
STATE F'- ZIP 34fJ 7... 'Z.
LESSEE (OF PROPERTY OR BUILDING) IV/A
BUSINESS NAME GOLf) Ar0D D/AMOI\JD ~r2ce
ADDRESS 8241 us -HI C::IH\AJAY 1<1 N
CITY/STATE/ZIP CODE aeARwAT&'~ I ~L. 34lP'zl
CONTRACTOR Abc.o Slqr-J COr2P.
ADDRESS (0140 () LYY\~D to i2nA D
TELEPHONE ~7g- q 35)
TYPE OF SIGN:
TELEPHONE 55/-777 Go
CITY C0€Al2l.vA1'li1'ZSTATE PL ZIP ,3::U,zo
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SURFACE AREA I / () I 1'8" VALUE OF SIGN -i / ~ f)(J(j' ELECTRIC PERMIT NEEDED? NOT /,v OvlZ. "-.... \..
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FOR SIGNS LOCATED WITHIN THE CITY EASEMENT ALONG US 19, ESTIMATED REMOVAL COST 1'3 5()~
CLEARWATER LICENSE NO. ~
STATE NO.
1 POLE
_ PROJECTING
_ WINDOW
_ CANOPY, AWNING OR MARQUEE
_ WALL
_ GROUND
_ PORTABLE
_ OTHER
PLANS AND SPECIFICATIONS FOR ANY PROPOSED SIGN SHALL BE SUBMITIED IN DUPLICATE, DRAWN TO SCALE AND IN-
CLUDE THE FOLLOWING:
(a) Dimensions and elevations (including the message) of the sign.
(b) Lot frontage on all street rights-of-way,
(c) Maximum and minimum height of the sign, as measured from finished grade.
(d) Location of the sign in relation to property lines, public rights-ol-way, easements, buildings, and other signs on the property.
(e) Dimensions of the sign's supporting members.
(f) For illuminated signs, the type, placement, intensity and hours of illumination,
(g) Construction and electrical specifications, for the purpose 01 enabling determination th.at the sign meets all applicable struc,
tural and electrical requirements of the Building Code.
(h) Inventory of all existing signs on the same property and/or building on which the sign is to be located. indicating the number,
type, use (e.g. property identific9tion, business identification, etc.) location and surface area,
. over,
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SURETY BOND FOR LICENSE AGREEMENT
(Sign in Easement)
KNOW ALL MEN BY THESE PRESENTS, that GoL--b 4- 't)\o.'tv"\o~ D
~a ~r.C ' as Principal, and
t-lc\L"'~ -\- 1R~; -\- (0 ct y"'("aY4I~ , a corporation
. organized and existing under the laws of the State of ll7a rr; lane( , as
Surety, are held and firmly bound unto the city of Clearwater, Florida, as Obligee, in
the sum of t?J./G Tl-lnvSFlAJD -
- Dollars ($ /OO(J. 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 /D h <:::; , 19 E:/-,
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 cha.nge, extension of time, a.Iteration or addition to the terms of the License
Agreement.
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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 TESTIMONY WHEREOF, the parties hereto have set their hands and seals this
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day of Oc;fvbe-r"
,19 ~
PRINCIP AL:
Gold and
By:
Title:
SURETY:
Fidpliry ~nd DQPosit Compan, vi MOLyland
By:.
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Attorney in Fact
Wanda A. McKay
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE. IIAl. nMOllE, Me
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the
State of MarYland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS ,
Auistant Secretary, in punUaDce of authority lP'anted by Article VI, Section 2, of the By-Lawa of aaid Company, which are let
forth on the revene .ide hereof and are hereby certified in full f~d effect on the date hereof, does hereby nominate,
con.titute and appoint Roger O. Bouchard, rd E. hard, Michael D. Hamby, Thomas E.
Borst, Wanda A. McKay, Delores B. and . Bouchard, all of Clearwater,
Florid E
its true an
any and
e execution of .uch bond. or unci in pun~ these presents, .hall be .. binding upon laid Company, a. fully
and amply, to all intents and purpoeel~' ey ha~~uly executed fmd. acknowledged by the nwularly elected offiClefl of
the Company. at itsoHice in Baltim. 0 .,inthe' Properperso..n....Tt.h~.S power of attorney revokes that
issued on behalf of Ro~~ . Bouc ,etal, dated,. Ocotber 19, 1984.
The said Auiatant SecretaryflrbY ~t the extract set forth on the reverse .ide hereof is a true copy of Article VI,
Section 2, of the By-Law. of mpany, now in force.
IN WITNESS WHEREOF Id V~'ce-P nt and A..iatant Secretary have hereunto.ubscribed their name. and affixed the
Corporate Seal of the said F LITY ~ POSIT COMPANY OF MARYLAND, this 26th day of
Augus t , A.D. 19~
~ _ ' FIDi'tlTt AND DEPOSIT COMPANY OF MARYLAND ~
ATTEST: SEAL /"'o.~ 11
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........._.......~~........................................_........ By ................__................ .........1..__...__...................
Assistant SecretJlry Vice.President
STATE OF MARYLAND
CITY OF HAL TIMORE
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On this 26th day of August , A.D. 19 88, before the subllCriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and A..istant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by
me duly sworn, severally ~d each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and
that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures 88 such officers were duly affixed and subscribed to the said instrument by the authority aDd direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and
year first above written.
Notary
CERTIFICATE
I, the undersigned, A..istSnt Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that
the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this
certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-
Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of
the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16!h day of July, 196Cl. ,-
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether Diade
heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by th~CornPanY, shall,be valid
and binding upon the Company with the same force and effect 88 though manually affixed." - 25th
IN TESTIMONY WHEREOF, I have h~to subecribed my name and affixed the corporate seal of the said Company, this_
;-octooer n ~~
day of , 19_, }
031-4128 ct;.~~_ -r;-f.v,(JJ tI tr'l......
AMistaDt Secretary
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EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-
Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have
power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents,
Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons
to execute on behaU of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds,
and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ' , ,and to affix the
seal of the Company thereto,"
08690
LJ 428b