PUBLIC ACCESS LICENSE AGREEMENTPUBLIC ACCESS LICENSE AGREEMENT
This PUBLIC ACCESS LICENSE AGREEMENT ( "License "), is made and entered into
this ly"**- day of , 2010 by and between the WEST CENTRAL FLORIDA
COUNCIL, INC., BOY SC UTS OF AMERICA, a Florida not for profit corporation, whose
mailing address is 11046 Johnson Boulevard, Seminole, Florida 33772 -4715 ( "Licensor" or
"Boy Scouts ") and the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation,
whose mailing address is P. O. Box 4758, Clearwater, Fl. 33758 -4758 Attn: City Manager
( "Licensee" or "City ")
(Whenever used herein the terms "Licensor' and "Licensee" shall include all of the parties to this instrument, and
heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
WITNESSETH:
1. License Premises: In consideration of Licensee timely and fully complying with
the covenants and conditions herein contained, and subject to Licensee joining with Licensor
in successfully prosecuting the vacation of that portion of the 33 foot right -of -way as described
in O. R. Book 857, Page 544, Pinellas County Public Records, of which the License Premises
are a part, Licensor does hereby grant to Licensee and Licensee hereby accepts from
Licensor, a non - exclusive License to utilize the following described premises owned by
Licensor:
A portion of the North % of the Southeast 1/4 of Section 32, Township 28
South, Range 16 East, Pinellas County, Florida, being more particularly
described and depicted in EXHIBIT "A" appended hereto and by this
reference made a part hereof.
2. Use of License Premises: Licensee shall have the right and privilege to utilize the
above - described premises for the sole purpose of creating, constructing, installing, maintaining
and replacing from time to time as Licensee deems appropriate, a full -width pervious or
impervious public access corridor. All improvements shall be constructed and maintained by
Licensee in accordance with all governmental regulations applicable thereto.
3. License Term: This License is granted to Licensee and extends indefinitely and
shall run with the land until such time as the occurrence of any one, or more, of the following:
a. Licensee abandons its use of the License Premises for a period of sixty (60)
days; or,
b. Material default by Licensee in the performance of any of the terms, covenants or
conditions of this License, and in the failure of Licensee to remedy, or undertake to remedy
such default for a period of thirty (30) days after receipt of Notice from Licensor to remedy
same; or,
C.
agreement.
Written mutual agreement executed by Licensor and Licensee to terminate this
S: \Wpowski\Parks & Rec \Boy Scouts\FE9.16.01.doc
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2011190632 07120/2011 at 12:14 PM
OFF REC BK: 17307 PG: 436-440
DocType:AGM RECORDING: $44.00
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d. Upon termination by the City of that certain License Agreement To Maintain
Signage and Fence, entered into by the parties on February 11, 2009, as amended of even
date herewith, allowing for the placement and maintenance of signage and a fence on a parcel
of City's property immediately adjacent to the Boy Scout's Camp Soule Property, as more
particularly described therein.
4. At such time as any of the aforementioned events occur, all rights granted herein
in favor of the Licensee shall automatically extinguish and the License Premises shall revert
fully to the Licensor as if this License had never been granted.
5. Liability / Indemnification: Licensor will not accept and explicitly renounces any
liability of any nature for use of the License Premises by the Licensee, its employees, agents,
contractors, invitees and the general public. Licensee shall save and hold harmless the
Licensor, its successors and /or assigns, from any and all liability arising from injury to person
or property during the term hereof; provided, however, that Licensee shall be liable to Licensor
only to the extent permitted by the limits of Florida Statutes 768.28, as may be amended, for
any injury to person or property upon the License Premises occasioned wholly or in part by
any negligent act or omission of the Licensee, its employees, agents, invitees and the general
public. Nothing contained herein shall be construed to waive or modify the provisions of Florida
Statute 768.28 or the doctrine of sovereign immunity as to any party hereto. In addition,
nothing contained herein shall be construed as creating third party beneficiaries or as consent
by the Licensee to be sued by third parties in any manner arising from its acceptance of this
grant of License.
6. Insurance: Licensee shall maintain, or provide through self - funding, throughout
the term hereof, at Licensee's sole expense, commercial general liability insurance, including
bodily injury and property damage equal to the maximum limits of liability provided for in
Section 768.28, Florida Statutes, plus any excess liability insurance coverage that may be
purchased by Licensee. Any policies of insurance provided for herein to be carried by
Licensee shall be issued by insurance companies certified to do business by the State of
Florida and its insurance regulatory bodies; provided, however, Licensee may self -fund any
risk provided for in this paragraph in lieu of purchasing insurance coverage therefore.
7. Other Provisions: Integral to the rights and privileges herein granted, the parties
further agree as follows:
a. Licensee shall at all times maintain the License Premises in compliance with all
applicable City of Clearwater codes.
b. Licensee shall be responsible for any and all maintenance of the License
Premises, and all expenses for utilities required, if any, in the operation and maintenance of
the License Premises.
C. Licensee, at its sole expense, shall comply with all applicable Federal, State and
Local environmental laws, and shall not allow the storage, use, disposal, or discharge by itself
-2-
or others, of any contaminants or hazardous materials as defined in State, Federal or Local
environmental laws on or about the License Premises.
d. If this License, or its operation, shall create any ad valorem or other tax
obligations, it shall be incumbent solely upon Licensee to timely discharge same.
8. Notice: Any notice given by one party to the other in connection with this License
shall be sent by certified mail, return receipt, with postage and fees prepaid, addressed as
follows:
If to Licensor: Executive Director
West Central Council Florida Council,
Boy Scouts of America
1046 Johnson Boulevard
Seminole, Florida 33772 -4715
If to Licensee: City Attorney
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33758 -4748
9. Quiet Enjoyment: Upon observing and performing the covenants, terms and
conditions required by this License, the Licensee shall peaceably and quietly hold and enjoy
the License Premises for the indeterminate term as stipulated herein, without hindrance or
interruption by Licensor. It is expressly understood and agreed that all rights of ownership of
the License premises not inconsistent with the license rights herein conveyed to Licensee are
reserved to Licensor. Subject to the terms and conditions hereof, Licensor shall have the right
at its sole discretion to grant such other licenses, rights or privileges to other persons and
entities so long as such grants shall not unreasonably interfere with rights and privileges
conveyed herein to Licensee.
10. Entire Agreement: This License contains all of the terms, conditions and
covenants binding the parties hereto. There are no other terms, conditions, covenants or
understandings, either written or oral, binding upon the parties unless expressed herein in
writing, or subsequently addended hereto by mutual agreement of the parties.
IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands
and seals the day and year first above written.
LICENSOR
Signed, sealed and delivered
In the presence of:
fitness signature
o r" k. Pr�e,s %r -..
WEST CENTRAL FLORIDA COUNCIL,
INC., B (SCOUTS OF 4MERICA
By: .
Print Name wu.. r4An M `t�.►ks
Title
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Print Witness name
Wit ess signature
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Print Witness name
Countersigned:
FraFVV
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Approved as to form:
Laura Mahony, Assistant City rney
LICENSEE
CITY OF CLEARWATER, FLORIDA
By: j!L Q,-. A ",
William B. Horne, II, City Manager
Attest:
is E. Goudeau, City
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