NON EXCLUSIVE LICENSE TO ENCROACHRETURN TO:
Office of OfFicial Records
and Legislative Services
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 201121575$ 08/18/2011 at 08:D9 AM
UFF REC BK: 17332 PG: 646-652
DoCType:EAS RECORDING: $67.00
NON-EXCLUSIVE LICENSE TO ENCROACH �
THIS LICENSE made this -�? � day of , 2011, by
and between thE CITY OF CLEARWATER, FLOR DA, a Florida Municipal
Corpvra#ion (�L.icenso�'), and THE GOODYEAR TIRE & RUBBER COMPANY,
an Ohia corporation authorized to conduct business in the State of Florida,
whose mailing address is 1144 East Market Street, Akron, Ohio 4�1316
("Licensee"), collectively ("Parties").
(Whenever used hereln the t�rm °Licensor' and "l.icensee" shall lnc/ude all of the parties io th7s agre�ment and
helrs. legal representaGves and assigns of the individuals, and the succassors and assigns of corporatians)
WITNESSETH:
WHEREAS, Licensor is the owner and holder of a 55-foat public road
right-of-way commonly known as North Missouri Avenue, the same being
contiguous to the easterly boundary of the following parcel of land being IEgally
described as:
Lot 1, GIBSON'S CLEARWATER HEIGHTS SUBDIVISION,
according to the map or plat thereof as recorded in Plat Book 4,
Page 9 in the public records of Hillsborough County, Florida, of
which Pinellas County was formerly a part, LESS the east ten
fieet (1 D') thereof.
AND WHEREAS, Licensee is owner and holder of a Leasehold Estate in
and to the above described parcel of land by virtue of that certain Lease dated
June 17, 1960, et sequentia, as referenced in Official Recards Book 1021, Pages
120 and 121 of the Public Records af Pinellas County, Florida; and,
WHEREAS, Licensee has previously installed all ar portions of five (5)
parking stalls, including raised concrete wheel stops, within the easterly ten feet
(10') of Lot 1, GIBSON'S CLEARWATER HEIGHTS SUBDIVISION, according to
the map or plat thereof as recorded in Plat Book 4, Page 9, of the public records
of Hillsborough County, Florida, of which Pinellas County was formerly a part, th�
same being as depicted in EXHIBIT "A" appended hereto, and by this reference
made a part hereof ("�.icensor's right-of-way"); and,
C:WrPortb�Benesch�DMANSBERY�66288$8�.bOC Page 1 qf 6
WHEREAS, the Parties mutually recognize and acknowledge that the
above referenced parking stalls and wheel stops are installed upon and within
Licensors right -of -way ("the encroachments "); and,
WHEREAS, Licensee desires that the encroachments remain undisturbed
as installed and existing within Licensor's right -of -way; and,
WHEREAS, Licensor is agreeable to the encroachments remaining
undisturbed as installed and existing, and is further agreeable to granting
Licensee the privilege and nonexclusive permission to retain the use and benefit
of the above described encroachments, and no others, subject to the terms
hereof;
NOW, THEREFORE, in consideration of the foregoing recitals, and the
mutual covenants and conditions contained herein, the Parties hereby agree as
follows:
TERM: This Nonexclusive License to Encroach ( "License ") shall extend
from the date hereof until such time as it is terminated by either of the Parties as
provided hereafter.
PERMITTED ENCROACHMENTS: The Parties acknowledge that the
above - described encroachments are constructed and exist within Licensor's
right -of -way; and mutually agree such encroachments may remain undisturbed
by Licensor so long as they remain functional and there are no site
improvements made to Licensee's Leasehold Estate that would require
reconfiguring, relocating or otherwise modifying the encroachments as installed
and existing as of the date hereof. This License explicitly excludes any
permission for Licensee to reconstruct any of the existing encroachments should
they be removed or destroyed, or to construct or place any further improvements
within Licensors right -of -way. Notwithstanding the foregoing, Licensor agrees
and acknowledges that the above - described encroachments as constructed and
existing as of the date of this License are functional, do not interfere with
pedestrian/vehicular traffic and do not pose a safety risk to the general public.
NONEXCLUSIVE LICENSE / REMOVAL OF PERMITTED
ENCROACHMENTS: The Parties acknowledge individually and collectively that
the Licensor, the Florida Department of Transportation, public and private utilities
( "Permitted Users ") have authority to install their respective utilities and facilities
within Licensor's right -of -way. In every instance in which the encroachments
create a conflict for the Licensor that cannot otherwise be resolved, Licensor, in
its reasonable discretion, may relocate or remove the encroachments at
Licensee's expense, and without compensation to Licensee. In every instance in
which the encroachments create a conflict for a Permitted User other than
Licensor, Licensee must resolve such conflict as between Licensee and affected
Permitted User so long as Licensor is not also affected by said conflict, in which
case Licensor reserves the right to relocate and remove Permitted Encroachment
C: \NrPortbE Benesch \DMANSBERY\6628888_2.DOC Page 2 of 6
to the extent of the conflict at the sole expense of Licensee. Licensor makes no
representations or warranties as to any Permitted User other than Licensor as to
this consent to the encroachments, nor as to the rights or obligations of any
Permitted User or Licensee with respect to the granting of this License.
LIABILITY & INDEMNIFICATION: Licensee acknowledges and agrees
that Licensee assumes all risks in the continuing existence and use of the
encroachments. Except for the negligence or willful misconduct of Licensor,
Licensor's agents, employees and officers, Licensee shall hold Licensor
harmless from all liability therefore, and shall defend, indemnify, and hold
harmless the Licensor, its officers, agents and employees from and against any
and all Toss, liability and damages of whatever nature, to persons and property
occasioned by Licensee's use of the encroachments, and Licensee's negligent or
willful misconduct, including, without limiting the generality of the foregoing, death
of any person and loss of the use of any property. This includes, but is not limited
to, matters arising out of or claimed to have been caused by or in any manner
related to any authorized activity of Permitted Users within the Easement, their
agents, employees and contractors, whether or not based on negligence.
DEFAULT / TERMINATION: This License may be terminated by the
Parties under the following circumstances and in the following manner:
a. By Licensor: This License is subject to termination by Licensor
coincident with the termination of Licensee's Leasehold Estate in and to the
Lease as referenced herein, as well as in the event of 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 to
Licensor's reasonable satisfaction, such default for a period of thirty (30) days
after receipt of Notice from Licensor to remedy same unless such default takes
longer than thirty (30) days to remedy, in which event, Licensee shall have such
additional time as is reasonably necessary to remedy such default, so long as
Licensee commences such remedy within said thirty (30) day period and
diligently pursues to completion; or should Licensee vacate or abandon the use
of the encroachments as licensed hereby.
b. By Licensee: This License is subject to termination by Licensee at any
time upon providing Licensor thirty (30) day Notice, or in the event Licensee
removes the encroachments, or such are damaged and non - restorable as above
provided, in which event Licensee shall so notify Licensor within thirty (30) days
of such occurrence.
NOTICE: Any Notice shall be in writing and shall be delivered by hand or
sent by U.S. Certified Mail, postage prepaid return receipt requested, or via
national overnight courier service that provides a receipt, and addressed as
follows:
Licensor Licensee
G:\ NrPortbl \Benesch \DMANSBERY\6628888_2.DOC Page 3 of 6
City Manager
City of Clearwater
P.O. Box 4748
Clearwater, Fl 33458 -4748
The Goodyear Tire & Rubber
Company.
1144 East Market Street
Akron, OH 44316 -0001
Attn: Real Estate Dept.
Such addresses may be changed from time to time by either party by
giving Notice as provided above. Notice shall be deemed given when received or
refused by the party receiving the notice.
REQUIREMENT TO RECORD: Licensor shall record this instrument, at
Licensors sole cost and expense, in the Public Records of Pinellas County,
Florida within thirty (30) days following approval by the Clearwater City Council
and final execution by all parties hereto .
ENTIRE AGREEMENT/DISCLAIMER OF WARRANTIES: This License
constitutes the entire agreement of the parties regarding the matters described
herein, and may not be changed, modified or discharged except as provided
herein, except by written amendment duly executed by the Parties. Licensee and
Licensor each acknowledges and agrees that no representations or warranties
shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof. Further, Licensor does not warrant and hereby
disclaims any and all liability and responsibility for or on account of the condition
of the Easement premises or any portions thereof, or for or on account of
anything affecting such conditions.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and date first above written.
LICENSEE:
Print Witness name
ess signature
J 7&.e
Print Witness name
C:\NrPortbl\Benesch\DMANSBERY\6628888_2.DOC
The Goodyear Tire & Rubber
Company
An Ohio Corporation
By: / ord
Print Name 2 - �r xr�►J
Title GI &A-L. R L ESTATE MAtir FfZ
Page 4 of 6
STATE OF OHIO
: ss
COUNTY OF SUMMIT
The foregoing instrument was acknowledged before me this )F day of
, 2011 by loo. NQ i p .2. 7pLo w
as Cl�,ba-1 (,A.1 is T- re IY\ Go2 of The Goodyear Tire & Rubber
Company, who, duly authorized, executed the foregoing instrument and who
acknowledged the execution thereof to be h 15 free act and deed for the uses
and purposes therein expressed, and who [ -- is personally known to me or [ ]
who did provide as identification.
otary Public — State of Ohio
A/A)Dl} hnS4-0vT
Print/Type Notary name
LICENSOR:
Count rsigned:
Frank V. Hibbard
Mayor
Approved as to form:
Laura Mahony
Assistant City Attorney City Clerk
My commission expires:
LINDA BOHNSTEOT, Notary Public
Residence • Summit County
State Wide Jurisdiction,
My Commission Expires
CITY OF CLEARWATER, FLORIDA
By:
William B. Horne, II
City Manager
Attest:
Rosemarie Call
C:\NrPortbN3enesch\DMANSBERY\6628888_2.DOC
Page 5 of 6
STATE OF FLORIDA :
:ss
COUNTY OF PINELLAS :
BEFORE ME, the undersigned, personally appeared Frank V. Hibbard,
the Mayor of the City of Clearwater, Florida, who executed the foregoing
instrument and acknowledged the execution thereof the be his free act and deed
for the use and purposes herein set forth, and who is personall ry known to me.
WITNESS my hand and official seal this 261' day of
Notary Public — State of Florida
/AivF /-7/9A/e//
Print /Type Notary name
STATE OF FLORIDA
:ss
COUNTY OF PINELLAS :
My commission expires:
DIANE E MANNI
MY QOMMISSION # D0952018
!XPIRES March 06, 2014
PlivittalloIn .com
BEFORE ME, the undersigned, personally appeared William B. Horne, II,
the City Manager of the City of Clearwater, Florida, who executed the foregoing
instrument and acknowledged the execution thereof the be his free act and deed
for the use and purposes herein set forth, and who is personally known to me.
WITNESS my hand and official seal this day of Tv.
2011.
Notary Public — State of Florin a
r- ea--
Print /Type Notary name
C:W rPortaBenesch\DMANSBERY\6628888 2.DOC
My commission expires:
SANDRA HARRIGER
MY COMMISSION # DD733691
EXPIRES: January 04, 2012
NOTARY fl. Notary Discount Assoc. Co.
Page 6 of 6
Doc 6628888 Ver 2
EXHIBIT "A"
Goodyear License to Encroach
�r
-I 48.49
1 aspholt palling --.
,s.st PROPOSED �`� • 4 IP
f 48.38 SIDEWALK ESMT
1 i 48..22 .. 47.7b
1 %47.99 I ® a
1
EAST 10'
LOT i "
1÷-40.1
X411 III
1 Jib II 47.54
>- 47.37
4749
OIY'm I m1
I
i m 1
74i 1 `47.36
47.61111 1
I '0-1
Lot 1, GIBSON'S E 1 1
CLEARWATER .4 1 1
HEIGHTS SUB. 1 �r.114
00 i to f 17 7.69
ENCROACHMENTS
m
1
1 ^�
'4i•tief - ▪ 47 22 4• 7.64 • .. �'� �4/•
22.L._48.96 4691 47.17 47.55 4 =• 47.67
50
PE PE
PE PE
26 +00
II I
11�
II.
11r
11-2 140.24
7.8
j7.tl7
HI
11 1
147.82
I/
4e.
//
.02 51st.
02
7.60
70
MISSOURI AVE
PE PE PE.
26 50
In
48 11
7,90
47.4
r
15
47.72
11
111
11,
1
Ill
47.77' 4� 36
Itr
eII
II
N u{
48.1.
4775
47.51 47.
47 42
L
1260
70/11
47.55
45 85'
4' wm.. ....
27 +00