LICENSE AGREEMENT FOR SIGN AND EASEMENT TO USE A PORTION OF THE EASEMENT FOR INSTALLING AND MAINTAINING A SIGN
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CITY OF CLEARWATER
LICENSE AGREEMENT FOR SIGN AND EASEMENT
THIS LICENSE AGREEMENT is made and entered into this Third
day of August , 1994 by and between the CITY OF CLEARWATER, a
Florida municipality (herein, the "CITY"), and Ken Marks Ford
(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 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.
[This agreement applies to three sign permits; 94080082 I
94080083, and 94080084.]
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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.
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.
(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.
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CCS/LICENSE.SD
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(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 of the
easement by another governmental agency for any public purpose.
(d) 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 relocated.
(e) 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
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CCS/LICENSB.SD
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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.
(f) 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 shall be canceled 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 that ninety (90) days following the
notice of cancellation.
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IN WITNESS WHEREOF, the CITY and the LICENSEE have
hereunto set their hands and seal the day and year first above
written.
CITY OF CLEARWATER
By
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c' y Manager
Approved at to form
and correctness:
Attest:
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City cl :k.', .
City Attorney
Signature of Property Owner:
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Be~o~ m~d the undersigned authority, personally appeared
flGN fl/{fli?(.y (T L , who is personally known to me, or has
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produced the following identification,
Sworn to and subscribed before me this
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day of
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A.D.
/171
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CCS/LICENSE.SD
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CITY OF CLEARWATER
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Interdepartment Correspondence
Pam Akin, City Attorney
FROM:
Stephen Doherty, Permits Supervisor, via , \.
~ Scott Shuford, Director Central Permitting Department<l /
SUBJECT:
License agreement for sign in easement: Ken Marks Ford
COPIES:
Scott Shuford, Director Central Permitting Department
DATE:
September 11, 1995
Attached please fmd a license agreement, signed by Ken Marks, Jr., wherein the city allows
placement of three signs in a drainage and utility easement adjacent to U.S. Highway 19 North.
The property subject of this agreement applied for the permits in order to comply with the sign
code amortization requirements. Until this agreement is signed by all parties, the city is treating
Ken Marks Ford as an open code enforcement case. This agreement was not forwarded to your
department for signature at the time it was received, but was instead attached to the sign permit
application and fIled; hence an agreement signed in August of 1994 is now being sent for your
consideration. Thank you for your review of this item.
RECE'VED
SEP 1 ;-21995
CITY ATTORNEY