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LICENSE AGREEMENT RE ARTIFICIAL REEF PROGRAM ,. , , :1'.'" I I LICENSE AGREEMENT THIS AGREEMENT, made and entered into this ~-d ,. day of ~.~ A.D., 1982, by and between PINELLAS COUNTY, a ,'f political subdivision of the State of Florida, hereinafter referred to as "COUNTY", AND The CITY OF CLEARWATER, Florida, a municipal corporation, herein- after referred to as "CITY". WIT N E SSE T H WHEREAS, the COUNTY desires to establish a material transfer point, in support of the Artificial Reef Program, on upland property located adjacent to the westerly portion of the Clearwater Pass navigational channel, in the vicinity of the north end of Sand Key; and WHEREAS, the CITY is willing to grant to the COUNTY a license to so utilize certain property, more particularly described at Exhibit "A", which is attached hereto and incorpor- ated herein by reference, owned by the CITY, NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises contained herein and of the payment of SEVENTEEN THOUSAND AND NO/lOO ($17,000) DOLLARS by the COUNTY to the CITY for existing improvements, receipt of which is hereby acknowledged, the parties hereto do agree as follows: 1. The CITY grants to the COUNTY the license, right and privilege to use the tract described at Exhibit "A", attached hereto and made a part hereof, for the purpose of storing and transferring materials used in an Artificial Reef Program. The license granted herein shall be non-exclusive in character. 2. Under this Agreem~nt the CITY shall be entitled to use the licensed premises for storage of items and materials I,', ./ j -1- . ---~----- . . /~/ ~).IJ .. ()()~O 7/( . if) r I I pertaining to its dredging operation in the vicinity and for access to any items or materials to be used in such dredging operation. The CITY will make a diligent effort to notify the COUNTY prior to such utilization of the licensed premises; however, the COUNTY waives such notice in times of emergency or natural disaster. 3. The license granted herein shall be for a period of one (1) year, effective the 51t1. day of ~,~ 1982 and shall remain in force until the 1i;/. day of --8A'~ g~ 1983, and the COUNTY shall have the right to renew this license each year for fourteen (14) additional years, at no additional license fee, subject to the other terms and conditions herein contained. 4. The COUNTY agrees, during the period of this license, to use the property only for storage and transfer of materials to be used in conjunction with its Artificial Reef Construction Program. Should the Artificial Reef Program be terminated during the period of this license, the license shall be terminated, and the COUNTY agrees to remove all stored materials and operational equipment from the property within sixty (60) days and to leave the property in a clean condition. 5. ~he COUNTY agrees, during the period of this license, to provide screening, with such screening to consist of trees, bushes, or other similar form of planting acceptable to both parties, which will substantially reduce the visibility of the storage area. 6. The COUNTY, after providing notice and an outline of proposed alterations or modifications to the CITY for approval, may alter or modify the area identified as Exhibit "A" to provide more efficient and expeditious handling of material, including but not limited to the installation of such items as dolphins or fender systems, storage bins, and other similar items. All such modifications or alterations shall be paid for in total by the COUNTY, -2- ,.. i I I 7. It is further agreed by the parties to this License Agreement that the storage area lease, presently exist- ing between the parties, Lease Agreement dated February 4, 1975, Schedule "A" Description attached, and subsequent Amendment shall be terminated by mutual agreement of the parties within fifteen (15) days after the completion of all alterations or modifications to be performed by the COUNTY under this license but in no case, later than October 1, 1982, and that all materials thereon shall be removed and the area restored in a suitable condition for vehicular parking. 8. The COUNTY agrees to provide to the CITY, prior to construction, any plans or proposed improvement, to be accomplished under this License Agreement. Such plans shall be submitted to the City Manager for his approval. 9. Upon the termination of this Agreement all improve- ments made by the COUNTY shall, at the election of the CITY, become the property of the CITY. However, should the Agreement be terminated prior to the expiration of the fifteen (15) year period contemplated herein, the CITY shall reimburse the COUNTY on the following pro rata basis for improvements constructed by the COUNTY which the CITY elects to acquire; if the Agreement is terminated within the first year of said Agreement, the CITY shall reimburse the COUNTY for 100 per cent of the initial construction cost of such improvements as it may elect to acquire; should the Agreement be terminated in the second year, the CITY shall reimburse the COUNTY for ninety (90%) per cent of the actual construction cost of such improvements; should the Agree- ment terminate within the third year of the said Agreement, the CITY shall reimburse the COUNTY for eighty (80%) per cent of its actual construction cost of such improvements as it may elect to acquire; should the Agreement terminate within the fourth year of such Agreement, the CITY shall reimburse the COUNTY for seventy (70%) per cent of the actual construction cost of such improvements as it may elect to acquire; should - 3- '. , I I the Agreement terminate within the fifth year of such Agree- ment, the CITY shall reimburse the COUNTY for sixty (60%) per cent of the actual construction cost of such improvements as it may elect to acquire; should the Agreement terminate within the sixth year of such Agreement, the CITY shall reimburse the COUNTY for fifty (50%) per cent of the actual construction cost of such improvements as it may elect .to acquire; should the Agreement terminate in the seventh year of such Agreement, the CITY shall reimburse the COUNTY for forty (40%) per cent of the actual construction cost of such improvements as it may elect to acquire; should the Agreement terminate within the eighth year of such Agreement, the CITY shall reimburse the COUNTY for thirty (30%) per cent of the actual construction cost of such improvements as it may elect to acquire; should the Agreement terminate within the ninth year of such Agree- ment, the CITY shall reimburse the COUNTY for twenty (20%) per cent of the actual construction cost of such improvements as it may elect to acquire; and should the Agreement terminate within the tenth year of such Agreement, the CITY shall reimburse the COUNTY for ten (10%) per cent of the actual construction cost of such improvements as it may elect to acquire. Should the Agreement terminate subsequent to the tenth year of said Agree- ment, the CITY may elect to acquire any or all improvements made by PINELLAS COUNTY at no cost to the CITY. 11. The COUNTY shall at all times relieve, indemnify, protect, and save harmless the CITY and any and all of its officers, agents, and employees for any and all claims and liability, including expenses incurred in defending against any claim and liability for death of or injury to persons or damage to property that may, in whole or in part, arise from or be caused directly or indirectly by (a) any operation conducted upon or any use or occupation of a licensed area by the COUNTY, its officers, agents, employees, licensees, permitees, or invitees, under or pursuant to the provisions of this License Agreement; (b) any act, omission, or negligence of the COUNTY, -4- I I its agents, officers, employees, licensees, permitees, or invitees; (c) any failure of the COUNTY, its officers, agents or employees, to comply with any of the terms or conditions of this License or any applicable federal, state or municipal law, ordinance or regulation. In furtherance of the requirements of this paragraph, the COUNTY shall acquire a policy of insurance with the following limits: ONE MILLION DOLLARS ($1,000,000) liability FIVE HUNDRED TIlOUSAt'ID DOLLARS ($500, OOO)property damage and make the CITY a named Insured. A copy of such policy shall be provided to the CITY. 12. The License herein granted may not be assigned, transferred, or encumbered in any way. 13. In addition to providing the screening described herein, the COUNTY agrees to maintain the premises in clean and orderly condition, consistent with the use and activity to be conducted thereon by the COUNTY and consistent with the surround- lng area. 14. The CITY agrees to remove within ten (10) working days of the execution of this Agreement all items, materials and facilities constructed upon the licensed premises. However, the CITY shall not remove without the consent of the COUNTY any installation providing water service or electric utility service or lighting which may be located upon the licensed premises or which may serve the licensed. premises. 15. The COUNTY shall be responsible for acquisition of any permits associated with the project described herein. However, the CITY shall be responsible for obtaining any necessary permits for any dredging activity conducted in the area by the CITY. 16. The COUNTY agrees to maintain all utility services installed and to pay all utility bills relating to the licensed premises. - 5- . , ." ~ I I 17. The license herein granted may be canceled by either party, providing sixty (60) days written notice of such termination. 18. This License Agreement represents the total and complete understanding of the parties and may not be modified or altered except by documentation in writing signed by both parties to the License Agreement. IN WITNESS WHEREOF, the said PINELLAS COUNTY, Florida, acting by and through its Board of County Commissioners, has caused this License Agreement to be executed in its name and on its behalf by the Chairman of the said Board, its official seal to be hereunto affixed, attested by the Clerk of said Board; and said CITY, acting by and through its City Commission, has caused this License Agreement to be executed in its name and on its behalf by its City Manager, attested by its City Clerk, countersigned by its Mayor-Commissioner; and approved as to form and correctness by its City Attorney, and its corporate seal to be hereunto attached the day and year first above written. f as to form and Approved as to form and correctness: d~) /1, KWttlL ~ounty Attorney PINELLAS COUNTY, FLORIDA B B ATTEST: ~..j " -A- "../(1 ". -~ty Clerk 1/) i! 'y-...- I' -Aa.].--.....1..---'~....~ -6- -. .--"~ S.W. Corner Section 17-29-15 ., N 89" IO'31"E rJ 843.47 '. I . EXHIBIT "A" I co" ~ <>; ... <>", ~ ; ,e-. )0)0 r " "" <> oS' oS' ~ ~'" '" q;'" .100' STAGING AREA ~"' 'f. ~~