LICENSE AGREEMENT (5)
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LICENSE AGUEEMENT
TIllS LICENSE AGREEMENT is made and entered into this
/ ~ -+1-. day of
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, 1986, by and between the CITY OF CLEARWATER, a
Florida municipality (herein, the "CITY"), and \::.:r-c. NAI1()lJA-~ N\AvA~El..AflIf
Co u ~ kV t (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 CIfy has agreed
to grunt 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 't~ comply with each and every term and condition:
(a) The sign to be constructed within the easement shall meet all applicable
requirements of tl~e 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
boundm'y 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 pt'esently 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
reloca tion or removal of the sign is necessary in order to a void 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 $ q~ O~
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.
(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 nO,t been located.
In such event, the City Engineer may revise his estimate of the pt'obable 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 dect'eased.
(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, Ot'
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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 tile 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 ft'om 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.
By
Approved as to form
and correctness:..
Attest:
City Attorn
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: CIty C!erk..,~'" ':-
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LICENSEE
By J(t-G N'fOO,)!t~Llf)VAUE'Uwr teJ.
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PERFORMANCE BOND
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BOND NO.
8110-33-~O
AMOUJ:
$960.00
KNOW ALL MEN BY THESE PRESENTS,
That we, KFC National Management Company. P.O. Box 32200. Louisville. KY
40232-2200 (hereinafter called the Principal), as Principal, and the FEDERAL
INSURANCE COMPANY. 15 Mountain View Road, Warren, New Jersey
, a corporation duly organized under the
laws of the State of , (hereinafter called the
SUrety), as SUrety, are held and firmly bound unto
8ITY OF CLEARWATER, CITY HALL ANNEX, 10 SOUTH MISSOURI, CLEARWATER, FL
(hereinafter called the Obligee),
in the sum of Nine Hundred Sixty----------------------------------- Dollars
($ 960.00---------~, for the payment of which we, the said Principal and the
said SUrety, bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this
28th day of August
, 19 86 .
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THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered
into a certain Contract with the Obligee dated
19 for
Ll~
Eaae.n.cnt Agreement for Signage for KFC store locationed at
1760 u. S. 19 N., Clearwater, FL (CK4214)
in accordance with the terms and conditions of said Contract, which is hereby
referred to and made a part hereof as if fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden Principal shall well and truly keep, do and perform each and every,
all and singular, the matters and things in said Contract set forth and
specified to be by said Principal kept, done and performed, at the times and
in the manner in said Contract specified, or shall pay over, make good and
reimburse to the above named Obligee, all loss and damage which said Obligee
may sustain by reason or default on the part of said Principal so to do, then
this obligation shall be null and void; otherwise shall remain in full force
and effect, subject, however, to the following conditions:
Any suit under this bond must be instituted before the expiration
of two years from the date on which final payment under the
Contract falls due.
No right of action shall accnJe on this bond to or for the use of any
person or corporation other than the Obligee named herein or the heirs,
exeClutors ,-admi.fti-st:~s
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or successors of the Obligee.
BY:
COMPANY, Principal
KFC
2\
Attorney in Fact
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STATE OF KENTUCKY I SS:
COUNTY OF JEFI7ERSON
I, Brenda K. Fizer
aforesaid, do hereby certify that Robert S. Frey
D~ ,
of KFC NATIONAL MANAGEMENT COMPANY, a Delaware corporation, who are personally known to me to be
the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person
and' acknowledged that they signed, sealed, and delivered the said instrument as theirfree and voluntary act and
as the free and voluntary act of said corporation for the uses and purposes therein set forth. ,
, a notary public In and for the State and County
Assistant Secretary
, ,
Given under my hand and notarial seal this 28th day of August. _ , 1986
'6AI ~ ~'~-;~-'--
Notary Public, State at La~~,.;rentucky
My Commission expires April 3, 1989.
(ACKNOWLEDGEMENT - INDIVIDUAL):
STATE OF
COUNTY OF
155:
I,
aforesaid, do hereby certify that
, a notary public In and for the State and County
and
I of I
' who are (is) personally known to me to be the same person(s) whose name(s) are (is) subscribed to the foregoing
I instrument, appeared before me this day in person and acknowledged that they (he) signed, sealed, and delivered
the said instrument as their (his) free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this
day of
,19
Notary Public
I'
(ACKNOWLEDGEMENT - CORPORATE):
STATE OF
COUNTY OF
155:
I,
. aforesaid, do hereby certify that
and
, a notary pUblic in and for the State and County
, of
,a
corporation, who are personally known to me to be the persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and acknowledged that they signed, sealed, and delivered
the said instrument as their free and voluntary act and as the free and voluntary act of said corporation for the
uses and purposes therein set forth,
Given' under my hand and notarial seal this
day of
, 19
Notary Public
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POWER OF ATTORNEY
Know all Men by these Presents. That the FEDERAL INSURANCE COMPANY, 15' Mountain View Road, Warren, New Jersey, a New Jersey Corpora-
tion, has constituted and appointed, and does hereby constitute and appoint Robert W. Vaughan, John A. Stough, Thomas W.
Gaines, Jr., Betty Offutt, Frank E. Dodson, III, Chris Martin, Peggy J. Enteman, Pamela S.
Canter, Jeffrey A. Brown and Carole Carter of Louisville, Kentucky-----------------------------
each its true and lawful Attorney-in-Fact to execute under such designation ~n its name and to affix its corporate seal to and deliver for and on its behalf as
surety thereon or otherwise, bonds of any of the following classes, to-wit:
1, Bonds and Undertakings filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or.not doing of anything
specified in such Bond or Undertaking.
2, Surety bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs
or Internal Revenue; license and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village,
Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensa-
tion bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials,
3, Bonds on behalf of contractors in connection with bids, proposals or contracts.
In Wit..... Whereof, the said FEDERAL INSURANCE COMPANY has. pursuant to its By-Laws, caused these presents to be signed by its Assistant Vice,President and Assistant Secretary and its
corporate ..allo be hereto aNixed thiS 1st day of January 19 86
FEDERAL INSURANCE COMPANY
By I '
/Al~j ~~.L,.tl..-
George McClellan
Aulatant Vlce-Prealdent
STATE OF NEW JERSEY
County of Somerset
} ss,
On this Is t day of J an uary 19 86 ,before me personally came Richard D, O'Connor to me known and by me known to be Assistant Secretary of the FEDERAL IN-
SURANCE COMPANY,lhe corporalion described in and which execuled the loregoing Power of Anorney, and the said Richard D, O'Connor being by me duly sworn, did depose and say thai he is Assistant Secretary
01 the FEDERAL INSURANCE COMPANY and knows the corporate ..althereol; that the seal allixed to the foregoing Power 01 Anorney is such corporate seal and was thereto allixed by authority of the By-Laws
of said Company, and that he signed said Power 01 Allorney as Assistant Secretary of said Company by like authorily; and that he is acquainted with George McClellan and knows him to be the Assistant Vice-President
of said Company, and that the signature of said George McClellan subocribed to said Power 01 Anorney is in the genuine handwriting 01 said George McClellan and was thereto subscribed by authority of said
By,Lsws snd In deponen!'s presence,
Notarial Seal
CERTlFlCA TlON
Acknowledged and Sworn 10 before me
~~ the dale aboYr'itten I
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ALICE LEONARD Notary Public
NOTARY PUBliC OF NEW JERSEY
My Commission Expi,es JURe 118, 1~8
STATE OF NEW JERSEY
County of Somerset
} ss.
I, the undersigned, Assistant Secretsry 01 the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By.Laws of the said Company as adopted by its Board 01 Directors
on March 11. 1953 and most recently amended March ", 1983 and that this By,Law is in full force and effect.
"ARTICLE XVIII,
Section 2, All bonds, undertakings, contracts and other instruments other than as above for and on behall of the Company which it is authorized by law or its charter to execute, may
and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice-Chairman or the President or a Vice-President, jointly with the Secretary or an Assistant
Secrelary, under their respective designations, except thai anyone or more oIIicers or anorney&-in-fact designated in any resolution of the Board of Directors or the Executive Committee,
or In any power 01 ettorney executed as provided for in Section 3 below, may axecuta any such bond. undertaking or other obligation as provided in such resolution or power of sllorney,
Section 3. All powers of attorney lor. and on behalf of the Company may and shall be executed in the nama and on behalf of the Company, e~her by the Chairman or the Vice-chairman or the President
or a Vlce-Prasident or an Assistant Vice-President, jointly wilh the Secretary or an As8l8IanI Secretary, underlheir raapacliva designations, The signature 0' such olllca.. may be engraved, printed
or IIIhographed, "
I lurther certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact ftdelily and surely business in each of the States of the United States 01 America, District of Columbia, Puerto Rico, andaach of the
Provinces of Cenada wil/>lheexceptlon 01 Prince Edwsrd Island; and is also duly licensed to become sola surety on bonds, undertakings, etc" permitted or required by law,
I, the undarslgnlld-AK~i~IIl;,ISecrelsry of FEDERAL INSURANCE COMPANY. do hereby certify thellhe foregoing Power of Allorney is in full force and effect.
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Given under my hand and the seat 01 Hid Company al Warren, N.J" this
28th
deyol August
d .In .</.1ft
Aulstsnt Secretary
,19
86
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