RIGHT-OF-WAY LICENSE AGREEMENT FOR ENTRANCE MONUMENTS 1995
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
CIlY HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (813) 562-4090 FAX (813) 562-4086
DEPARTMENT OF mE
CllY CLERK
August 20, 1998
Morningside Meadows Homeowners Civic Association
c/o Pauline Pollio
P. O. Box 5182
Clearwater, FL 34618-5182
Re: Right-of-Way License Agreement with City of Clearwater
Dear Ms. Pollio:
I am hereby requesting an insurance certificate from the Homeowners Civic Association
naming the City of Clearwater as an additional insured with regard to the monument structures
your association has placed in the City right-of-way.
Attached is a copy of the right-of-way license agreement dated April 4, 1995. Please note
the insurance requirement in paragraph 5. I am addressing this to you as yours is the only
address we have. H you are not the right individual please pass this letter on.
If there are any questions, please feel free to contact me at 562-4097.
Sincerely,
Susan Stephenson
Document and Records Supervisor
/ss
ONE Cm. ONE Fl!IURE.
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"EQUAL EMpLOYMENT AND AFFIRMATIVE AmON EMpLOYER"
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RIGHT-OF-WAY LICENSE AGREEMENT
This RIGHT-OF-WAY LICENSE AGREEMENT is made and entered into this ~ day
of Aoril, 1995, between the CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation, referred to herein as the "City," and Morningside - Meadows
Homeowner's Association, 1329 Williams Drive (Pauline Pollio - President of
Association, a corporation, partnership, or natural person, referred to herein as the
"licensee. "
WHEREAS, an entrance monument structure or structures, referred to herein
as the "Entrance Monument," located at:
1. Belcher Road and Ham Boulevard, lies within the right-of-way of Ham Boulevard
2. Belcher Road and Glenmoor Avenue, lies within the right-of way of Glenmoor
Avenue
3. Nursery and Ham Boulevard, lies within the right-of-way of Stewart Boulevard.
All of the above are within the corporate limits of the City, upon land dedicated to the
public or owned by the City and managed by the City as a public right-of-way; and
WHEREAS, the licensee has responsibility for the maintenance of the Entrance
Monument, and desires to maintain the Entrance Monument in its present location;
and
WHEREAS, the City agrees to permit the continued presence of the Entrance
Monument pursuant to the terms of this agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein set forth,
the parties hereto agree as follows:
1. This agreement shall have a term of 1Q. years beginning as of the date of
this agreement, subject, however, to termination by City as provided for in paragraph
6 hereof.
2. During the term of this agreement, the City shall permit the Entrance
Monument to continue to occupy its present location and, except as provided by this
agreement, will not interfere or interrupt the licensee's enjoyment of the continued
presence of the Entrance Monument, except as provided herein.
3. The licensee shall keep the Entrance Monument clean, neat, and in good
repair at all times. The licensee shall commence and complete all necessary
maintenance and repair work on the Entrance Monument as necessary, but not later
than 45 days following receipt by the Licensee of written notice from the City that
such work is necessary, or within such longer time as may be approved by the City.
Upon failure of the licensee to effect such maintenance or repair work in a timely
manner following notice to the Licensee that such work is necessary, the City may
remove and dispose of the Entrance Monument without further notice.
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4. The Licensee shall indemnify and hold harmless the City and its officers,
agents, and employees against any claims for bodily injury or property damage arising
out of the maintenance and continued presence of the Entrance Monument at its
present location, excluding claims or actions arising solely from negligent acts of the
City or its officers, agents or employees.
5. The Licensee shall purchase and maintain in full force and effect for the
entire term of this agreement a commercial general liability insurance policy (CG 00
01 - Occurrence type) in the minimum amount of $500,000. This pOlicy will name
the City of Clearwater as an additional insured. In addition, the Licensee will provide
annually to the City (Attention: City Clerk) a current certificate of insurance
identifying the insurance company, policy number, insured parties, coverage, effective
dates and the name, address and telephone number of the insurance agency or broker
issuing the certificate of insurance so that the City at all times has a current certificate
of insurance in its possession. At any time upon written request of the City, the
Licensee will provide a copy of its insurance policy to the City or produce the original
policy so that the policy may be photocopied by City personnel.
6. This License Agreement shall be subject to termination by the City in the
event of anyone or more of the following events:
a. The material default by Licensee in the performance of any of the terms,
covenants, or conditions of this License Agreement, and in the failure of the Licensee
to remedy, or undertake to remedy to City's satisfaction such default within the
specific time period stated in this License Agreement, provided, however, if no
specific time period is stated herein to remedy a particular default or to take a
particular course of action, then it is agreed by the parties hereto that Licensee shall
have a period of thirty (30) days after receipt of notice from City to remedy the
default or complete a particular course of action required of Licensee.
b. The City determines at a duly constituted City Commission meeting that a
public need exists for the premises consistent with the City's Charter and serves
Licensee with sixty (60) days notice of such intended use.
c. Licensee's removal of the monument.
d. Destruction of the monument.
7. Upon termination of this license for any reason, Licensee, at its sole
expense, shall remove from the premises any monument which Licensee was
permitted to install or maintain in the City's Right-Of-Way under the terms of this
License Agreement. City may effect such removal at Licensee's expense should
Licensee fail to remove said monument from the premises within thirty (30) days of
receipt of written notice following termination of this License Agreement. Licensee
agrees to pay City promptly in the event of such circumstance upon presentation of
a proper invoice.
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receipt of written notice follovving tellllillaLivlI uf this lice~ A~:l' eell%)nt lic8ngee
sgr89g to pay City promptl'l in th8 8"Qnt of such circum~;tance upon pres8ntation of
a proper invoice.
8. At any time during the terms of this agreement, if the monument is deemed
to constitute a safety hazard by the City Engineer it shall be removed at the Licensee's
expense.
IN WITNESS WHEREOF, the parties hereto have executed and affixed their
officials seals to this agreement on the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
City rii:a~r?:::?'
Approved as to form
and legal suffici
Attest:
<~ Ciy
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LICENSEE
By: AkE y/cLI';
Title: A e.r~~/ '#t/L#11/7:s,~F-II/~.eJ ~/:,
Witnesses:
THE FOF.:~(?~)i:~G ~;'~2.TRUMBJTWAS ACKNOWLEDGED
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AS kC';;:,.:tiHC{.n;':;;;.J M.JP. \Nn0. DlD Nor 'fAKE AN OATH,
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I~ JANET S. McMAHAN
I Nota.oy Puhlic. Slate a Florida
. My Corom. Explrcs July 25, 1998
I No. CC 395086
llonded Th::u :lfftttd 1IIItarll titrlrict
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CERTIFICA Tl OF INSURANCE J
ISSUE DATE \1\"iiD/YY,
A PLUS INSURANCE AGENCY, INC.,
POBox 4870,
Clearwater, Fl., 34618
3-29-95
THIS CERTIFICATE IS ISSUED AS A MAHER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW,
PRODUCER
COMPANIES AFFORDING COVERAGE
C~T~~~NY A
AMERICAN EMPIRE SiL INSURANCE COMPANY
INSURED
C~T~~~NY B
Morningside-Meadows Homeowner's
Association,
c/o Joe Evich,
2296 Haversham Drive,
Clearwater, Fl., 34624
COMPANY C
LETTER
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C~T~~~NY D
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C~T~~NY E
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN iSSUE19't!d/'l'I~.INSCJtleDNAt-A_EbABOV~~FCl~T\1E POLICY PERIOD
INDiCATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEt,,j"r'lt/iTf-i'RE'S'f"tCT TO WHICH THIS
CER1IFiCATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLlC!ES DESCRIBED HFREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
--~- ----- ---- ----------.-------r-.--~.------~-
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE IMMIDDiYY) DATE (MMIDDIYY)
-
GENERAL LIABiliTY SOOIL Y INJURY OCC. --+
~ COMPREHENSIVE FORM f-----
BODILY INJURY AGG. $
A t-y- --
PREMISES/OPERATIONS PROPERTY DAMAGE OCC, $
f----- UNDERGROUND 4 GL 1 90 65 ---~
EXPLOSION & COLLAPSE HAZARD 10-3-94 10-3-9~ - PRGt'ERTY DAMAGE AGG. $
f---- ~ -~--
~ PRODUCTS/COMPLETED OPER. BI & PD COMBINED oce. $ '''''' A A A
,~~V
CONTRACTUAL BI &, PD COMBINED AGG, $ E::AA AAA
I---- - ~~~,~
INDEPENDENT CONTRACTORS PERSONAL INJURY AGG, $ "AA A^^
f--- ~ ,
BROAD FORM PROPERTY DAMAGE .. ....
Dr -
PERSONAL INJURY .. .
AUTOMOBILE LIABILITY BODIL Y INJURY
f--- (Per person) $
ANY AUTO
- .-
ALL OWNED AUTOS ( Priv, Pass. ) BODILY INJURY
- ALL OWNED AUTOS ( ~:~erp:~:n) (Per accident) $
-
HIRED AUTOS
- PROPERTY DAMAGE $
NON-OWNED AUTOS
- --
GARAGE LIABILITY SODIL Y INJURY &
- PROPERTY DAMAGE $
COMBINED
EXCESS LIABILITY --.. -- - --- EACH OCCURRENCE $
=1 UMBRELLA FORM AGGREGATE $
.-c-
OTHER THAN UMBRELLA FORM .
WORKER'S COMPENSATION I STATUTORY LIMITS
, EACH ACCIGENT $
AND ~--~------- f-------- u ______, ___u_
! D'SEASE--POLlCY LIMIT S
EMPLOYERS' LIABILITY I. ____.__~___ ---------_.------ .--
DISEASE-EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERATlONS/LOCATIONSIVEHIClES/SPECIAL ITEMS
City of Clearwater is an Additional Names Insured.
CERTIFICATE HOLDER 0
CANCELLATION
Mr. Leo Schrader,
Risk Manager,
City of Clearwater,
POBox 4748,
Clearwater, Fl., 34618
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL --3D- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES
AUTHORI~
ACORD 25 (7/90) @ACORD CORPORATION 1990