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LICENSE AGREEMENT TO USE A PORTION OF THE EASEMENT FOR INSTALLING AND MAINTAINING A SIGN '. . I I UCENSE AGREEMENT TIllS UCENSE AGREEMENT is made and entered into this 11 th day of Sep- tember, 1991, by and between the CITY OF CLEARWATER, a Florida municipality (herein, the "CITY"), and Logan Clearwater Associates, L.P., a Delaware limited part- nership (the "Partnership"), and Jeffrey's Rooms To Go, Inc. , a Florida Corporation (herein, cOllectively with the Partnership referred to as the "LICENSEE"). WHEREAS, the CITY owns an easement which is described herein, and the Part- nership 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 ease- ment 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 Agree- ment; 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 prom- ises and covenants set forth here~n, the parties hereto agree: 1. The CITY grants unto LICENSEE a nonexclusive license to use the ease- ment 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 termina ted by either party as provided herein. However, the term of this agree- ment, including all extensions hereof, 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 LIC- ENSEE 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 require- ments 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. (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 nee-' essary in order to avoid a conflict between the sign and utility lines installed or to be installed in the easement, or is otherwise neces- sary 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 let- ter of credit from a financial institution acceptable to the CITY in the amount of $1,000.00, which amount represents the City t) 1 .~-:' 1(1"-;j '#\'-'\ ; U",-,~. (/, ./ )j- .... ..,', (~) I I 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 LICENSEE of the sign within ninety (90) days fallowing 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 expira- tion of the surety bond or letter of credit. Within thirty (30) days after removal of the sign, the CITY shall return or release (as applicable) the cash bond, surety bond, or letter of credit to the LICENSEE. (e) In the event that 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. In such event, the City Engi- neer 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 loca- tion 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 a t the time of such reloca- tion, 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 parking, required landscaping, or required open space, or will otherwise violate any applicable ordi- nance 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 after the initial three (3) year term, 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 LIC- ENSEE shall remove the sign at its expense within not more than ninety (90) days fOl- lowing the notice of cancellation and within thirty (30) days after such removal, the CITY will return or release the cash bonC;, SUiety bend, or letter of credit (?~ applica- ble) to the LICENSEE. CAB1663 09/10/91 1640 2 ~ I I IN WITNESS WHEREOF, the CITY and the LICENSEE have hereunto set their hands and seal the day and year first above written. A pprovedas to form and correctn CAB1663 09/10/91 1640 CITY OF CLEARWATER By: Attest: - ~ -,-,)- ~--L ' '"'I ': . :-. -". ." ... .u.Z.;' ....~ .. .....~..: ~ ity IE?ik -:-. .-;" ... -j..-.. -.. - -,- ->- UCENSEE Logan Clearwater Associates, L.P., a Delaware limited partriership, by Logan Clearwa ter Realty Corp., a Delaware corporation, its general partner ~ By'" '. Its; JI:tz ~ . . -- -L.:;f----- (Seal) a Rooms To Go, Inc. Corporation 3 I The East 40 feet of the East of BLACKBURNS SUBDIVISION, recorded in P la t Book 24 , Pinellas County, Florida. I EXHIBIT "A" two hundred fifty (250) feet of Lot 6 according to the plat thereof as Page 62, of the Public Records of .. I "\ f , w . > I ~ I EXIll8IT "8" The East two hundred fifty (250) feet of Lot 6 of BLACKBURNS SUBDIVISION, according to the plat thereof as recorded in Plat Book 24, Page 62, of the Public Records of Pinellas County, Florida. T06/CAB0063