LICENSE AND HOLD HARMLESS AGREEMENT RE JOE DI MAGGIO SPORTS COMPLEX
~ ,Progress Energy
LICENSE AND HOLD HARMLESS AGREEMENT
This LICENSE A;ND HOLD HARMLESS AGREEMENT ('Agreement") is made and
entered into as of the~~"jJ(; ~ 2004, by and between Progress Energy Florida, a Florida
corporation ("Licensee") with offices at One Hundred Central Avenue, St. Petersburg, Florida
33701 and the City of Clearwater, a municipal corporation of the State of Florida ("Licensor")
with an address at, P.O. Box 4748, Clearwater, FL 33758-4748. Progress Energy and Owner shall
individually be referred to as the "Party" and collectively as the "Parties."
WIT N E SSE T H:
WHEREAS, Owner owns a certain tract of land in Pinellas County, Florida, more
particularly described in Exhibit "A", attached hereto and made a part hereof, suitable for use as a
temporary staging area for Progress Energy's disaster response contingency plans, said tract of land
being generally known as Joe DiMaggio Sports Complex ("Property"); and
WHEREAS, Progress Energy desires to utilize the Property as a temporary staging area for
its disaster response contingency plans in the event of a bona fide disaster; and
WHEREAS, Owner desires to allow Progress Energy to utilize Property for such limited
use.
NOW THEREFORE, for and in consideration of the mutual promises made herein, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
SECTION 1. SC'OPF, OF A(;RF,RMRNT
A. Owner shall allow Progress Energy to enter upon and utilize the Property as a
staging area for Progress Energy's disaster response contingency plans in the event of a bona fide
disaster. Progress Energy shall provide Owner with timely written notice, to be reasonable under
the circumstances, of its intent to enter upon Owner's Property, set up staging area, and perform
the services necessary for Progress Energy to carry out the appurtenant disaster response activities.
B. In consideration of the rights granted herein, Licensee, its employees, agents, and
designees mutually and collectively agree that all persons entering upon the Property by virtue of
the rights granted herein shall do so at their own risk. The Licensor accepts no responsibility
whatsoever for any claims for injury or damages of any nature, whether to person or property, in
connection with License and the rights and privileges hereby granted to Licensee.
C. Licensee agrees that it will make or allow no unlawful, improper or offensive use of
the Property and shall abide by applicable law related to hazardous materials, or other activities that
are incidental to their emergency restoration activities hereunder. Licensor reserves the right to
inspect the Property without notice.
D. Licensee, its employees, agents and designees shall not engage in any activities
which may result in any mechanics liens being filed against the license Property without written
consent of the Licensor, and that upon termination of the License, Licensee shall promptly evacuate
OC,,/)_g-'-c.>>J5 license Property and return it to the Licensor in its condition as of the License commencement
date, normal wear and tear excepted.
SECTION 2. TRRM
The, term of this Agreement shall commence on/::J.epf.e'j,(/~/ , ~ 2004 and shall continue
until5qfeu.be..,', .!L 2005. I
SECTION 3, TNTlRMNTFTC'A TTON
In further consideration of the rights and privileges granted herein, Licensee agrees to
indemnify and hold harmless Licensor from any and all claims, liabilities, obligations, damages,
demands, losses, causes of action, costs or expenses including reasonable attorney's fees for injury
to or death of any person, and for damage to or destruction of any property directly resulting from
the negligent, reckless, fraudulent, willful, wanton, or intentional acts of Licensee or in any way
resulting from the Licensee's use of the Property hereunder or any employee, agent, or
subcontractor, or anyone directly or indirectly employed by or through them, or anyone for whose
acts they may be liable.
SECTION 4, TRRMTN A TTON
Notwithstanding anything set forth herein, either Party may terminate this Agreement
immediately upon written notice to the other Party at the address provided herein.
SECTION 5, ~OVRRN1N~ T ,A W & VRNTTF.
This Agreement and the rights and obligations of the Parties to this Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. The Parties hereby
relinquish and waive their right to a trial by jury in any cause of action brought hereunder.
SECTION 6, RNTTRR A~RRRMRNT
This Agreement contains the entire understanding between the Parties with respect to the
subject matter hereof and supersedes any prior or contemporaneous agreement or understanding
between the Parties.
[Signature page to follow]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
PROGRESS ENERGY, FLORIDA
By.~(2 ~
CITY OF CLEARWATER, FLORIDA
By: ~~.~-:t:
William B. Horne II
City Manager
Approved as to form:
Attest:
LaUf Lipowski
ASSIstant City Attorney
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