LICENSE AGREEMENT FOR USE OF THE CLEARWATER POLICE DEPARTMENTS DISTRICT II LINE UP ROOM (3) LICENSE AGREEMENT
FOR USE OF THE
CLEARWATER POLICE DEPARTMENT'S
DISTRICT II LINE-UP ROOM
1. Parties
This License Agreement (Agreement) is joined by the following entities (collectively, the
Parties) this�day of �j�ye.rn,� , 2012: the City of Clearwater, a political
subdivision of the State of Florida, and the United States Coast Guard Auxiliary, Flotilla 1 1-1,
an instrumentality of the United States. In this Agreement, the City of 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 concerning 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
Licensor hereby grants to licensee a license to occupy and use, subject to all the terms and
conditions stated or referenced herein, the Premises, including available parking areas. Licensor
agrees that there are no costs/fees associated with the use of the Premises by the Licensee.
4. Coordinators
The parties will assign points of contact (POCs) for this Agreement The POCs will
address and resolve all issues related to this Agreement.
5. Terms and Conditions
A. All activities of the Parties under this Agreement will be carried out in accordance 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
of 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 occupied and used by the Licensee to conduct a regular monthly
Flotilla meeting on the 3'd Wednesday of each month,from 5:00 p.m.to 10:00 p.m.,as well
as the following public education programs during 2013.
US COAST GUARD AUXILIARY
CLEARWATER, FLOTILLA 11-1
PUBLIC EDUCATION PROGRAM SCHEDULE 2013
January 12 & 13 Boating Safety
Weekend Program Class Days: 1an. 12 & 13 8:00 am—1:00 pm
February 9& 10 Boating Safety
Weekend Program Class Days: Feb. 9& 10 8:00 am—1:00 pm
February 25 Navigating using a GPS
Monday Class Day: Feb. 25 5:00 pm—10:00 pm
March 9 & 10 Boating Safety
Weekend Program Class Days: Mar. 9 & 10 8:00 am—1:00 pm
April 13 & 14 Boating Safety
Weekend Program Class Days: Apr. 13 & 14 8:00 am—1:00 pm
April 29 Navigating using a GPS
Monday Class Day: Apr. 29 5:00 pm—10:00 pm
May 18& 19 Boating Safety
Weekend Program Class Days: May 18& 19 8:00 am—1:00 pm
June 8&9 Boating Safety
Weekend Program Class Days: June 8&9 8:00 am—1:00 pm
July 13 & 14 Boating Safety
Weekend Program Class Days: luly 13 & 14 8:00 am—1:00 pm
July 29 Navigating using a GPS
Monday Class Day: July 29 5:00 pm—10:00 pm
August 10& 11 Boating Safety
Weekend Program Class Days: Aug. 10& 11 8:00 am—1:00 pm
September 21 & 22 Boating Safety
Weekend Program Class Days: Sept. 21 & 22 8:00 am—1:00 pm
October 5 &6 Boating Safety
Weekend Program Class Days: Oct. 5 & 6 8:00 am—1:00 pm
October 28 Navigating using a GPS
Monday Class Day: Oct. 28 5:00 pm—10:00 pm
November 9& 10 Boating Safety
Weekend Program Class Days: Nov. 9 & 10 8:00 am—1:00 pm
December 14& 15 Boating Safety
Weekend Program Class Days: Dec. 14& 15 8:00 am—1:00 pm
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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/or
property, arising from its own 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 not carry liability insurance inasmuch as the
United States Government "self insures"for the liability exposures set forth herein. Flotilla 11-1 shall
be liable, to the extent provided by the Federal Tort Claims Act, 28 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 of Flotilla 11! or its members, assigned to duty
and acting within the course and scope of such duty as set forth in 14 U.S. C. § 823a, in connection
with their use of 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 wrongful
acts or omissions committed by its employees and/or members is governed 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 occurs while the Premises is under the control and use
of the Licensee. The Licensor shall not be responsible for any loss of any property or equipment, for any
reason or under any circumstances, belonging to the Licensee
7. Amendments and Duration
A. Paragraph 5. C. of this Agreement may be amended or modified by the mutual written consent
of the Parties authorized representatives.
B. This Agreement will remain in effect during the 2013 calendar year while the Licensee is
conducting 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
prior to the date of termination to ensure termination on the most economical and equitable
terms. However, any Party may terminate this Agreement with thirty (30) days written
notification to the other Party.
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D. This Agreement 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 or private right of action.
Countersigned: CITY OF CLEARWATER, FLORIDA
—c�eor�tnc�Gt�f ' f��:lA�
By: '
George N. Cretekos William B. Horne II
Mayor City Manager
Approved as to form: Attest: �p`oF ryfC/
/ n 1 ^ _ � ��\�' ��
���`� (A.`�/� C'�i.X--C '�� � Q
Robert . urette -�— �
Rosemarie Call � �_,�.
Assistan ity Attorney City Clerk ��� � �Q
�a�
UNITE TA S AST D AUXILIARY
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By:
Andrew W. Anderson CDR USCG RET
D7 Staff Legal Officer(Approved as to Legal Sufficiency)
By:
Erik Wekerle
Clearwater Flotilla Commander 07-11-1
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