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LICENSE AGREEMENT (2) . . ~ I 86.131719 I O.R.G219 PAGE 1.313 LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into this 20th day of May , 1986, by and between the CITY OF CLEARWATER, a Florida municipality (herein, the "CITY"), and LOKEY MOTOR COMPANY (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 D. Agreement; now therefore ~ -;. . - I ,~, t"""i ~...:: ,..., :=- ;-0. m ;:;. ~~ , ~ .c-- d .- -. . ~ ~J g :.;.-- ....,. ~~... ..... ~ '-:1 ~:3 ~ FOR AND IN CONSIDERATION of the sum of Ten Dollars and other good and Cl '--< ~o ,,- ~ ' :; 0 2 cf f ~ valuable consideration in hand paid to the CITY by LICENSEE, and of the mutual promises and covenants set forth herein, the parties hereto agree: '-~.. c;..; ~ 'oJ t~ C) ~ . :~:.J ',:;j ;;.. ~) --:-~l ~~ 6; ,~:::.. .,,'1 "'" co 1)':.. .~ (~ ~-I '""0 ~ ~ . "" (l) ::J,. 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 f-:-i ~~:'.:t ;):~ 'i:j (j g; terminated by either party as provided herein. However, the term of this agreement, ~ I' M e-.J ~:1' () ~3 ~ ~: ~,.; ~ C including all extensions thereof, shall not exceed fifteen (15) years. ~ "',- ~ o lJ 'z X ~ 3. This license is granted subject to the following terms and conditions, and the ;"j~~ C"~' ~.O ,. LICENSEE agrees to comply with each and every term and condition: vl.i C'J"; =.'} )00';;.. :.x~ (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 frQm tfi'e~ 2:: P i~ boundary between the easement and the adjoining road right-of-way, and not frcm'p ttt~,~ ~J;; _-;: :_"'):-c -c-. 'h1 Q~' It%t'L() " /7~C() ...."./1-'. ,., 'fI/ G., , / 7r() ~.".. ., /. f; "~" J' ,-,.- rc~ 't" 1\. \Y::,J '\ ~ /~ n /....' ( (.",11.,1\...,) 1~_, =~ -<.-:';:':J 'il-~ "--~ C..{..--..)- :3',~ j~,,~-; -f r l ~t{ t-:> (" ~ t boundary between the easement and the LICENSEE's adjoining property. Ul - 1 - ... 0::::1 crJ ~ ' / ' " ...... - - / ^ ". ( I O.R.6249 P~GE L3~14 (b) Within the easement, the sign shall t:>e 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 $1,000.00 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 t:>e 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 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 r;>roperty 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 - 2 - '.', ~. I I O.P..6249 PAGE 13115 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. ) Count ~~g~ed: / ,,",:~~ir;r~' ; . '~:" ~~~17&;~,Q.:- '/.'< . /~ ) ,').'7,.;) ;J ;- if' ,;;: V + 1'1 Approved as to form and correctness: Attest: City Attorne LICENSEE LOK By I P. -3- " \, .. "'..,. PHilLIPS, McFARLAND, GOULD & lYONS, P. A. ATTORNEYS AT LAW 311 S, MISSOURI AVENUE CLEARWATER. FLORIDA 33516 I O.f?..6219 P~GE 13{1G I TO: City of Clearwater City Hall 112 South Osceola Avenue Clearwater, FL 33516 Attention: City Manager RE: GUARANTY OF PERFORMANCE BY LOKEY MOTOR COMPANY TO REMOVE MERCEDES SIGN FROM R/W EASEMENT The undersigned, DONALD O. McFARLAND, Attorney at Law, practicing with the firm of PHILLIPS, McFARLAND, GOULD & LYONS, P.A., at 311 South Missouri Avenue, Clearwater, Florida, for the firm, hereby represents unto the City of Clearwater that there is in the possession of the firm a Savings Account Pass- book showing an initial deposit of $1,000.00, issued by BARNETT BANK and bearing Account No. 6343145193. Said account stands in the name of the aforesaid law firm and is being held by them to assure the performance by LOKEY MOTOR COMPANY of its obliga- tion to the CITY OF CLEARWATER to remove its sign as detailed and set forth in License Agreement between LOKEY MOTOR COMPANY and the CITY OF CLEARWATER of even date herewith. The undersigned warrants that he will not release said passbook without the approval of the City Manager of the City of Clearwater or his designee. It is represented that the in- terest earned by said account, in its entirety, be the property of LOKEY MOTOR COMPANY and without disturbing the principal the interest may be withdrawn by the undersigned and disbursed to LOKEY MOTOR COMPANY from time to time. IN WITNESS WHEREOF, the undersigned has executed this ins trument, this "2-c;:> day of May , 1986 WITNESSES: PHILLIPS, McFARLAND, GOULD & L NS, P.A. '. J. . ......". . . , CITY OF lEARWATER INTER-OFFICE COMMUN'CA TION -. TO (v;~Qr ciA ct ~ ) :) r DATE ~~( ,R'~ , 18~ FROM = . = SUMCT Lcf; ~~ ~ (~~f-J = - L~\JL~~ r;; '5<~ (2 ~)) ~Q ~ -tS (t'e-~ I>w- fA vitu, AdoK( ~ ~",,~er;;w) tL "'rl J2 f~{2~ LJJ2 rd>D ~ trJ ,- ~ ~~\l ~ ..Q:(~~ ~..t ~ /lw.J ",,,4-. -tL ~ ~k .(fIe-, . fz~ [J PLEASE REPLY ON REVERSE SIDE