LICENSE AGREEMENT TO USE A PORTION OF THE EASEMENT TO INSTALL AND MAINTAIN A SIGN
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT is mnde and entered into this 25th
duy of
March , 19~ by nnd betweon the CT'J'Y OF CLEARWATER, a
Florida. municipa.lity (herein, the .tCITY"), and MARY JO OBERMEYER, a single
woman
,
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(hel'cin, the t'LICENSEE").
WHEREAS, the CITY owns an easement which is descrlbod herein, and the
LICENSEE owns certain l'eul property, also descl'ibed herein, which is partially subjact
to and partially adjoining the easemont; and
WHEREAS, the LICENSEE has requested n license to use a portion of the
easement for the purpose of installing a.nd maintaining u sign, and the CITY has agreed
to grant the license subject to the terms find conditions set forth in this License
Agreement; now therefOre
FOR AND IN CONSIDERATION of the sum of Ten Dollars and other good nnd
valuable consideration in hand paid to the CITY by LICENSEE, and of the mutual
promises and covenants set forth hel'ein, the pnrtiGs hereto agree:
,
1. The CITY grants unto LICENSEE a nonexclusive license to llse the easement
described in Exhibit A, attached hereto, for the construction and maintenance of 0.
sign to identify the propel'ty 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, find shall be extended automatically fOl' additional terms of one (1.) year unless
terminated by either party as provided herein. However, the tCl'Jn of this agreement,
including all extensions thereof, shall not exceed fifteen (15) yea.rs.
3. This license is granted subject to the following terms and conditIons, and the
LICENSEE agrees to comply with eRch find every term find condition:
(a) Tho 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 issua.nce of the permit for the installation of the
sign. The LICENSEE agrees to request no varinncas ft'om the applioatlon of any of the
applicable ordinances of the CITY with I'espeot to the sign or the location of the sIgn.
With respect to th~ setback requirements for the sign, the OITY ropresents to the
LICENSEE that the minimum required setback for the sign shall be measlll'ed from the
bounda.ry between the easement and the adjoining I'oao right-Of-way, and not from the
boundary between the eo.sement Clnd the LICENSEE's ndjolnlng pt'operty.
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(b) WIthin the easement, the sign shall be installed at a location which, in the
opinion of the City Enghlccl', does not conflict with utility lines presently existing in
the oasement (If a.ny) or which Is not rellsonably likely to conflict with the use of th~
easement during th'~ term of this agreement.
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(c) Tho LICENSEE 8.gree~ to relocate or remov(J the sign at Its expense if,
during tho term of this agreement, the City Engineer of the CITY datel'mlnes that the
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l'elocatlon or remova.l of the sig-n is necessary in ordel' to avoid a connlct between the
sign and utility lines installed or to be Installed in the eflsemcnt, or is otherwise
necessary to permit the use of the easement by the CITY fot' the intended purpose of
the ensement, or upon the acquisition or threat of acquisition of the easement by
another governmental agency for any publ1c purpose.
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the term of thIs agreement a cash bond, surety bond or letter
financial institution acceptable to the CITY in the amount of
which a.mount represents the City Engineer's estimtite
the sign from the ea.sement. The
bond or lettel' of credit shull
guarantee the removal by the LIC · ~E of the sign within nInety (90) days following
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y EngIneer of the CITY the t the removal of the sign is
o this agreement. Each surety bond or letter of credit sha.ll be
t later than one hundl'ed twenty (120) days priol' to the expira.tlon of the
(e) In the event that the LICENSEE wishes to relocate the sign within the
easement, tho location shall be approved by the City Enginoer of the CITY, and this
agreement shall continue in full force and effect as if the sign had not been located.
. amove the sign, and the LIe
a new c/1sh bond, surety bond or
INITIALS
(f) The installation and maintenance of the sign within the easement I?ursuant
to this agl'cement shall not confer upon the LICENSEE the l'ight to relocate the sign
within the easement or to another location within the adjOining real propol'ty of the
LICENSEE. However, the LICENSEE mti)' I'elocate the sign to the LICENSEE's
adjoining property if the relocation may be accomplished wIthout violating any
applicable ol'dinance of the CITY at the tIme of such relocation, including but not
Ii rnitod to ordinances pertaining to signs, on-site pa.l'king, requh'ed landscaping, or
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required open space.
agroement, the LtcENSEE nssures the CITY that the plans of the LIe'
development of the adjoining propel'ty include or wlllinclt
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event that relocatl~>n of the sign is required, n
at the relocation of the sign to that
space wll1 not cause the I1red on-site parking, required landscaping, or
I'equlred open space, o' otherwise vlolato uny applicable ordinance of the CITY,
go may be relocat-ed without obtaining a variance from tho application
(g) The LICENSEE agrees to defend, indemnify find hold the CITY harmless
from any and all claims for damages resulting directly or indirectly from the
installation llnd maintenance of the sign In the easement pursuant to this agreement,
and fl'om any find all other claims arising undel' this agreement, except for claims
arising from the negligence of the CITY or its officers, employoes 01' agents.
. .
4. This.'agreement and the rights and obligations hereunder shall rUn with the
land and shall be binding upon the successors nnd a.sslgns of the parties hereto. This
agreement may be recorded in the public recol'ds of Pinellas County, Flol'ida..
5. This agl'cement may be cancallcd by oither party by giving notice in
wrltlng to the other party not less than thirty (30) dllYs prior to the cancellation date.
In the event of cancella.tion of this agreement, the LICENSEE shalll'emove tho 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 hel'eunto set their
hands and seal the day a.nd year first above written.
OITY OF CLEARWATER
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By ~~
::r..w-flEl.,. . y anagel'
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Approved as to form
and correctness:
Attest:
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G "(fCflY cre~ ~ ~ ., ~
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LICENSEE
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EXHIBIT "A"
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. IlfCOIlDEO PlJolELU,S CULl..
.lVHY W'. CILKEIlSOIl. CLEIU.
852031A
121 ~ ~~f 356
EASEMENT
State o[ Florida. does hcreby grant aDd convey unto
corpOration. with Hs principal place of businc~s in Pincllas County.
[or other good and valuable consIderations, CONLETA, INC., a Florida
cash In hand paid to It. the receipt of ""hich is hereby acknowledged, and
FOR AND IN CONSIDERA nON of the sum of One Dollar ($1,00)
COUNTY OF PINELLAS, Florida
and being In the County of PInellas. State of Florida. to-wit:
an easement over. under and across the following described land. lyIng
That part of the South Half (S 1/2) of the Northeast
Quarter (NE 1/4) of the Northwcst Quartcr (NW 1/4)
of Sectloo 11.. Township 29 South. Range 15 Ea st~ lying
West of S.A.L. RaIlroad. described/as follows: From
the Southwest Corner of the Northeast one-quarter (NE 1/4)
of the Northwest one-quarter '(NW 1/4) of saId Section 11,
run thence N O' 13'09" E.. along the 40-acre line. 444,52 feet
[or poInt ot'beginnlng; thence continue N, 0'J3'09" E. along
the 40-acre line. 45.0 feet; thence S, 89'22'28" E., 190,0
feet; thence S. 0'13'09" W., 45,0 feet; thence N. 89'22'28"
W., 190.0 feet to the Point o[ Beginning, Less the 30.0 feet
for road right-of-way,
This easement is [or road rIght-of_way purposes and utility purposes,
IN WITNESS WHEREOF. the party hereto has set its hand and
corporate seal this,;;'{%y of July, 1961.
Sigoed, Sealed and
Delivered In the
esence Of:
By
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EXHIBIT "B"
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Parcel A - A survey of: Begin at the ~~ corner of the
NEt of the N\vJ.:; of Section 11, Township 29 South, f:ange
IS East and run thence N 0013'09"E, 444.52 feet alo:1g
:h"'" " the cent er-l ine of fl i gh1and Avenue and 40 Be I'e line;
't'h.ence S 89022'28"E, 190.0 feet; thence N 0013'09"E, 22.50 feet for p.r.B.; thence
cOJltinue N 0013'09"E, 198.50 feet; thence S 89022'28"E, 214.09 feet to a point 011
~he Westerly Right of Way line of the Tampa and Gulf Coast Railroad; thence along
a curve to the left whose chord bears S 17037'54''W, 131.73 feet, arc = 131.79 feet
and radius = r432.69 feet along said Westerly Railroad Right of Way; thence S 14051'
,14''W, 74.85 feet along said R.R. R/W; thence N 89022'28'IH, 155.75 feet to P,O.E.
Containing'O,84 acre more or 1ess.
Parcel B - A survey of: Begin at the SW'corner of the NE~ of the NW~ of 8ection 11, Town-
ship 29 South, Range 15 East and run thence N 0013'09"E, 444.52 feet along the center-line
of Highland Avenue and the 40 acre line; thence S 89022'28"E, 154.5 feet for P.O.B.; thence
continlle S 89022'28"E, 35.5 feet; thence Ii 0013'09"E, 22.50 feet; thence S 89022'28"E,
155.75 feet to a point on the \~esterly Railroad Right ,of \.Jay 1 ine; thence S 14051' 14"H,
140.82 feet along said R~ght of Way line; thence N 89022'28''W, 155.69 feet; thence N 0013'
09"E, 114.0 feet to P.O.B, Containing 0.52 acre more or less.
Parcel c-
From the SW corner of the NE 1/4 of the NW 1/4; Run N.
444.52 feet to p, O. B" thence N. 45 feet, E. 190 feet,
thence S, 45 feet, thence W, 190 feet to P. O. B.
LESS W. 30 feet for Road, all being in Section 11, Township
29 South, Range 15, Pinellas County, Florida,
N
SHORT LEGAL
FROM SW COR OF NE 1)4 OF NW 1/4 RUN N 444,52 FT TO
POB N 45 FT E 190 FT S 45 FT W 190 FT TO POB LESS W
30 FT FOR RD
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LOCATION PLAN FOR NEW SIGN
OWNER: MARY JO"OBERHE-YER--
LOCATION: 1337 N. HIGHLAND AVE,
CLEARWATER. FL
SCALE: N,T,S.
DATE: JAN, 25. 1994
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