LICENSE AGREEMENT FOR USE OF THE CLEARWATER POLICE DEPARTMENTS DISTRICT II LINE UP ROOM (2), - . - .- ..±
LICENSE AGREEMENT
FOR USE OF THE
CLEARWATER POLICE DEPARTMENT'S
DISTRICT II LINE-UP ROOM
1. P�rties
This License A�reement (�greement) is joined by the following entities (collectively, the
Parties) this / day of (Q(��-�-t� , 2011: the City af Clearwater, a political
subdivision of the State af Florida, and the United States Coast Guard Auxiliary, Flotilla 1 1-1
an instrumentality of the United States. In this P�greement, the City af ClearwatEr is
referred to as the "Licensor," and the United States Coast Guard Auxiliary, Flotilla 11-1, is
referred to as the "Licensee.'
2. Purpose
This Agreement defines the scope of responsibilities of the Parties conceming the use of the
Clearwater Police Department District II Line-up Room (Premises), which is located at 645
Pierce Street, Clearwater, Florida.
3. Grant of License
Lic�nsor hereby grants to licensee a lic,ense to occupy and use, subject to all the terms and
canditions stated or referenced herein, the Premises, including available parking areas.
Licensor agrees that there are no costs/fees associated with the use ofi the Premises by
the Licensee.
4. Coordinators
The parties will assign points of contact (POCs) far this Agreement The POCs will
address and resolve all issues related to this Agreement.
5. Terms and Canditians
A. All activfies of the Parties under this P�reemerrt will be carried aut in aocordance with the terms and
conditions of this Agreement.
B. The Licensor shall at all times have priority use of the PremisES for its own needs and may
cancel any meeting or program referred to in paragraph 5. C. due to an emergency
necessitating the use af the Premises. In the event that the Licensor must cancel any
meeting or program, Licensor will provide notification to Licensee as soon as possible.
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C. The Premises may be accupied and used by the Licensee to conduct a regular monthly
flotilla meeting on the 3rd Wedn�sday af each month, from 7:30 p.m. to 9:Q0 p.m., as well
as the following public education programs, during 2012:
US Coast Guard Auxiliary
Clearwater, Flotilla 11-1
Public Education Program Schedule Z012
January 7� 8 About Boating Safely (2 Lessons) Cost $35
Weekend Pr ram Class Da s: Jan 7& 8 $:OQam —1:00 m
January 28 & 29 About Boating Safely (2 Lessons) Cast $35
Weekend Pr ram Class Da s: Jan 2$ $� 29 8:OOam —1:00 m
February 6, 7, 8 GPS and Chart Reading (11411 chart, books, & charting tools) Cost $60
Mon. Tues, Wed. Evenin Class Da s: Feb 6, 7 8 7:p0 m— 9:30 m
February 25 8 26 About Boating Safely (2 Lessons) Cost �35
Weelcend Pr r�m Class Da s: Feb 25 & 26 S:OOam —1:Q0 m
March 10 8 11 About Boating 5afely (2 Lessons) Cost $35
Weekend Pr ram Class Da s: Mar 10 8 11 8:OOam —1:00 m
March 24 8 25 About Boating Safely (2 Lessons) Cost $35
We�lcend Pr ram Class Da s: Mar 24 & 25 B:DOam —1:00 m
April 28 & 29 About Boating Safely (2 Lessons) Cost $35
W�ekend P ram Class Da s: A r 28 & 29 8:OOam —1:00 m
May 19 & 20 About Boating Safely (2 Lessons) Cost $35
W�ek�nd Pr ram Class Da s: Ma 19 & 20 8:OOam —1:00 m
June 9� 10 About Boating Safely (2 Lessons) Cost $35
Weekend Pr ram Class Da s: June 9 8 1Q 8:OOam —1:p0 m
June 25, 2B, 27 GPS and Chart Reading (11411 chart, books, & charting toals) Cost $60
Mon., Tues, Wed. Eveni Class Da s: Jun 25, 26, 27 7:00 m— 9:30 m
July 21 & 22 About Boating Safely (2 Lessons) Cost $35
Weekend P ram Class Da s: Jul 21 & 22 8:OOam —1:00 m
Aug. 11 & 12 About Baating Safely (2 Lessons) Cost $35
Weelcend Pr r�m Class Da s: Au 11 & 12 8:OOam —1:00 m
September 8& 9 About Boating Safely (2 Lessons) Cost $35
We�ek�nd P ram Class Da s: Se 8& 9 8:OOam —1:00 m
October 22, 23, 24 GPS and Chart Reading (11411 chart, books, 8� charting tools) Cost $60
Mon., Tues, Wed. Ev�ni Class Da s: Oct 22 23 2a 7:00 m— 9:30 m
November 3& 4 Abaut Boating Safely (2 Lessons) Cost $35
W�ekend P ram Class Da s: Nov 3 E� 4 8:OOam —1:00 m
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D. The Licensee agrees to maintain the Premises in a clean and usable condition and will be responsible
for all necessary cleanups of the Premises after each use by the Licensee.
6. Liability
A. Each Party shall be responsible for any claims for damages to any persons and/ar
property, arising from its awn conduct, and retain immunity and all defenses available to them
pursuant to applicable state and federal law. The Licensee, Flotilla 11-1, as an instrumentality of the
United States as set forth at 14 U.S.C. § 821, does nat carry liability insurance inasmuch as the
United States Government "self insures" for the liability exposures set forth herein. Flatilla 11-1
shall be liable, to the extent pravided by the Federal Tart Claims Act, 2$ U.S. C. § 2671 Et seq.,
and shall defend and hold harmless Licensor and its employees, for death, personal injury and
damage to property proximately caused by the act or omission af Flotilla 11 I or its members,
assigned to duty and acting within the course and scope af such duty as set forth in 14 U.S. C. §
823a, in connection with their use ofi the Licensed Premises to the extent provided and authorized by
the Federal Tort Claims Act.
B. Each Party acknowledges that its liability, if any, for the negligent or wrpngful acts or
omissians committed by its employees and/or m�mbers is gavemed by applicable state and/or
federal law. Nothing herein should bE construed as supplanting any applicable statute, rule, or
regulation.
C. Notwithstanding any limitation imposed by law, public policy or this Agreement to indemnify
and hold harmless the Licensor, the Licensee agrees, at all times, to repair or replace any damaged real or
personal property of the Licensor when said damage accurs while the Premises is under the contral and use
of the Licensee. The Licensor shall not be respansible far any loss of any property or equipment, for
any reason ar under any circumstances, belonging to the Licensee
7. Amendments and Duration
A. Paragraph 5. C. of this P�qreement may be amended or modified by the mutual written consent
of the Parties authorized representatives.
B. This Agreement will remain in effect during the 2012 calendar year while the Licensee is
canducting the public education programs listed in paragraph 5. C. of this Agreement.
C. This Agreement may be terminated at any time upon the mutual written consent of the
Parties. In the event the Parties consent to terminate this Agreement, the Parties will
consult priar to the date of termination to ensurE terminatian on the most ecanomical and
equitable terms. However, any Party may terminate this Agreement with thirty (30) days
writt�n notificatian t� the other Party.
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D. This �reement represents the complete understanding of the Parties with respect to the
Licensee's use of the Premises. This Agreement supersedes all written and oral
proposals and other communications between the Parties. Nothing in this
Agreement is intended to create, nor does it create, an enforceable legal right ar private
right of action,
Cauntersigned:
/ � �,��� i �
Frank V. Hibbard
Mayor
A praved as to farm:
Robert urette
Assista ity Attarney
CITY OF CLEARWATER, FLORIDA
By:. •t.�U.+R.w.��- �'
William B. Home II
City Manager
UNIT STA ST ARD AUXILIARY
By:
Andrew W. Anderson CDR USCG RET
D7 Staff Legal OfFcer (Approved as to Legal Sufficiency)
By:
Erik Wekerte
Clearwater Flotilla Commander 07-11-1
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