OFF SITE PARKING AGREEMENTY,
OFF SITE PARKING AGREEMENT
THIS AGREEMENT is made and entered into as of the date of the signature last below
dated, by and between William A. Day as Trustee of the William A. Day Revocable Living Trust
dated August 21, 1992 (hereinafter referred to as "Day") and the City of Clearwater (hereinafter
referred to as the "City").
WITNESSETH
WHEREAS, Day is the owner of two lots in Pinellas County identified as 475 Poinsettia
Avenue (hereinafter referred to as the "Poinsettia Parcel") and 473 East Shore Drive (hereinafter
referred to as the "East Shore Parcel"), being more particularly described in Exhibit "A" attached
hereto; and
WHEREAS, Day has received a Development Order - Case FLD2008-07019, for the
development of a marina contiguous to the East Shore Parcel; and
WHEREAS, the City's approval of Day's Development Order was conditioned upon
entering into this agreement providing for the maintenance of five spaces for off-site motor
vehicle parking for the marina;
NOW, THEREFORE, for and in consideration of the mutual covenants herein contained,
along with other good and valuable consideration the receipt and adequacy of which is hereby
acknowledged, the Par ties do herewith agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by this
reference.
2. Parkin Spaces. Day will clearly designate for use by customers of the marina five (5)
parking spaces most suitable to the marina, located or to be located, on the Poinsettia parcel.
3. Term. This Agreement shall remain in full force and effect so long as the marina facility
continues to operate at the East Shore Parcel or until another equivalent parking option becomes
available. Day will provide notice, as provided in paragraph 5 below, to the City if any
equivalent parking option becomes available.
4. Attorney's Fees. In the event that either party seeks to enforce this agreement through
attorney's at law, then the parties agree that each party shall bear its own attorney's fees and
costs.
5. Notice. Any and all notices required or contemplated hereunder shall be provided by
United States Mail, or hand delivery or via facsimile or via email to the addresses or facsimile
numbers of the parties set out elsewhere herein or otherwise provided each to the other. Any
notice sent by Mail shall be deemed delivered three (3) days after mailing, notice by any other
means shall be deemed delivered upon receipt at the location, facsimile machine or computer.
6. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Florida, and shall be enforced only in a court of competent jurisdiction in Pinellas County,
Florida.
7. Severance. The invalidity or unenforceability of any portion of this Agreement shall in
nowise affect the remaining provisions and portions hereof
8. Binding Effect. This agreement shall bind the successors, heirs and assigns of the parties
hereto.
9. Cations. The paragraph captions used throughout this agreement are for the purpose of
reference only and are not to be considered in the construction of this agreement or in the
interpretation of the rights or obligations of the parties hereto.
10. Time. Time is of the essence to this agreement.
11. Entire Agreement. It is agreed that this document contains the entire agreement between
the parties as to the matters herein contained and the agreement shall not be modified in any
respect except by an amendment in writing signed by all parties hereto.
12. CounteKparts. This Agreement may be executed in counterparts and any such document
so executed by any party may be deemed to constitute an original.
13. No Construction Against Drafting Party. Parties acknowledge that each of them and their
counsel have had an opportunity to review this document and that this document will not be
construed against either party merely because the other has prepared it.
IN WITNESS WHEREOF, the undersigned have executed this instrument to be effective
as of the date of the party's signature last below dated.
William A. Day Living Trust
i
i.Al
By: William A. Day
Its: Truste
Dated : 0'?3 90 t0
City of Clearwater
By:
Its: S-/T
Dated: Q;'JTKDAY. BILLT&king Ag7mmcnOagminent.m4.wpd
EXHIBIT "A"
LOTS 6 and 7, Block "B", of A RE-PLAT OF BLOCK "A" AND LOTS 1 TO 15
INCL. BLOCK "B" CLEARWATER BEACH PARK FIRST ADDITION,
according to plat thereof recorded in Plat Book 21, Page 21 of the Public Records
of Pinellas County, Florida
and
LOTS 6 and 7, in Block "C", according to A RE-PLAT OF BLOCK "A" OF
CLEARWATER BEACH PARK FIRST ADDITION, as recorded in Plat Book
21, Page 21 of the Public Records of Pinellas County, Florida