LICENSE AGREEMENT FOR USE OF CITY PARKING LOT 17LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made and entered into this / 7 day of l�c�PrGG-
2012, by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation, P.O. Box 4748, Clearwater, Florida 33758-4748 (herein, "City" or Licensor),
and PINELLAS COUNTY, a political subdivision of the State of Florida (herein, "County"
or "Licensee").
WHEREAS, the property depicted in Exhibit "A," attached hereto and made a part
hereof, hereafter the "Property," is public right-of-way under the jurisdiction of the City of
Clearwater, Florida; and
WHEREAS, the City identifies the Property as City Parking Lot 17 and operates
and maintains twenty (20) parking spaces on the Property for use by the general public;
and
WHEREAS, the County desires to use, at no cost to the County, ten (10) parking
spaces on the Property for exclusive use by its employees for parking during business
hours only.
NOW,THEREFORE, in consideration of the covenants herein contained, the City
hereby grants a parking License to the County for the Property described in Exhibit "A,"
attached hereto.
1. TERM AND FEE: This License shall commence upon the date that this
License is fully executed by the parties hereto and continue for a primary term of one (1)
year. This License shall automatically renew each year unless terminated by either party
as provided for herein. The Licensee agrees to pay and the Licensor agrees to accept as
rent during the term of this License, the sum of One and 00/100 Dollars ($1.00), the
receipt and sufficiency of which is hereby acknowledged.
2. USE OF PREMISES: The County shall have exclusive use of ten (10)
parking spaces (County Spaces) on the Property for County-employee parking between
the hours of 8:00 AM and 6:00 PM during weekdays only and not during Federal Holidays
(Effective Hours). This License shall only be in effect during the Effective Hours and the
County Spaces shall be available to the public during all other times. County Spaces are
depicted in Exhibit "A" attached hereto and by.this reference, incorporated herein.
This License shall not confer upon the Licensee ownership interest in the Property.
Licensee's independent contractors, agents, servants, employees, guests, invitees, or
other persons making legal and proper use of the designated parking spaces and the
Property, shall promptly comply with all statutes, ordinances, rules, orders, regulations,
and requirements of any governmental agency with authority over the Property.
3. SIGNAGE: The County, at its sole cost and expense, shall install signage�
identifying that the County Spaces are reserved for County-employee parking only and'
shall expressly identify that the spaces are available to the public outside of the Effective�
Hours. Such signage shall be approved by the City. The County may paint identification
numbers in the County Spaces consistent with other County-employee parking lots within
the City limits of Clearwater.
4. ENFORCEMENT: The City will monitor and enforce the parking rules on
the Property consistent with the City's existing parking enforcement program. County
employees using the County Spaces as provided herein shall maintain an identifying
marker, as provided by the City, on their vehicles. The County shall also provide to the
City registration information for each vehicle authorized to use the designated County
Spaces.
5. PARTIES' LIABILITY: Each Party hereto agrees to be responsible for
their own acts of negligence, or their respective agents' acts of negligence under this
Agreement and further agree to be liable for any damages resulting from said
negligence to the extent permitted by Section 76.28, Florida Statutes. Nothing herein is
intended to serve as a waiver or sovereign immunity by COUNTY. Nothing herein shall
be construed as consent by COUNTY to be sued by third parties in any manner arising
out of this Agreement
Assumption of Risk and Disclaimer of Liability:
The designated spaces and the Property, as a whole, are to be used at the sole risk of
the Licensee, Licensee's independent contractors, agents, servants, employees, guests,
invitees, or other persons making legal and proper use of the designated spaces, and the
City of Clearwater shall not be liable or responsible for the care or protection of vehicles
and contents, or for any loss of damage or whatever kind of nature to said vehicle,
howsoever occasioned. There is no guarantee or warranty of any kind as to the condition
of the designated spaces, nor shall the City be responsible for injuries to persons or
property occurring thereon for any reason whether herein specifically stated or not.
Nothing within this License shall constitute a waiver of the City's or Licensee's sovereign
immunity under Section 768.28, Florida Statutes.
Licensee, Licensee's independent contractors, agents, servants, employees,
guests, invitees, or other persons making legal and proper use of the designated parking
spaces shall assume the duty to report all accidents to the City's Parking Manager or the
Licensee's designee.
6. TERMINATION: The County may terminate this License at any time upon
written notice to the City. The City, at its option, may terminate this License upon sixty
(60) days written notice to the County if any of the following conditions occur:
a) At the sole discretion of the City Manager, the Property is needed for
development purposes;
b) The property is needed for use as pubiic right-of-way; or
c) The City Council determines at a duly constituted City Council Meeting thai:
the Property is needed for other municipal purposes and serves the County
with thirty (30) days notice of the meeting where such intended use is to be
discussed.
Upon termination by either party as provided herein, the County shall remove its signs
and restore the Property to a condition consistent with the remainder of the Property. If�
the City exercises its right to terminate this License as provided herein, the City shall, in
good faith, assist the County in finding alternative parking.
7. NOTICES: Any notice shall be in writing and shall be delivered by hand or
sent by United States registered or certified mail, postage prepaid, addressed as follows:
CITY:
Parking Manager
City of Clearwater Engineering Department
P.O. Box 4748
Clearwater, Florida 33758-4748
COUNTY:
Pinellas County Real Estate Management
509 East Avenue
Clearwater, Florida 33756
8. ASSIGNMENT AND SUBLETTING: Neither party hereto may assign or
sublet its rights hereunder without the prior written consent of the other party.
9. OTHER PROVISIONS: Integral to the rights and privileges herein
granted, the parties further agree as follows:
a) Licensee shall at all times maintain the portion of the Property containing
the Counry Spaces in compliance with all applicable City of Clearwater
codes.
b) Licensee shall be responsible for any and all maintenance of the portion
of the Property containing the County Spaces, and all expenses for
utilities required, if any, in the operation and maintenance of the County
Spaces.
c) Licensee, at its sole expense, shall comply with all applicable Federal,
State and Local environmental laws, and shall not allow the storage, use,
disposal, or discharge by itself or others, of any contaminants or
hazardous materials as defined in State, Federal or Local environmental
laws on or about the License Premises.
d) Should any provision of this License or any of the Exhibits attached hereto
be deemed by a Court of competent jurisdiction to be unenforceable, such
determination shall not affect the enforceability of the remaining
provisions.
e) Use of one gender shall include all other genders; use of the singular shall
include the plural; and use of the plural shall include the singular, all as
may be appropriate. Where applicable, use of the term Licensee shall
include Licensee's independent contractors, agents, servants, employees,
or invitees.
10. MAINTENANCE: Licensee shall not make any improvements or alterations to
the designated parking spaces or the Property without the prior written approval of the City,
which approval may be withheld at City's sole and exclusive discretion. Moreover, Lic:ensee
shall not add, under any circumstances, accessory structures to or otherwise modify the
structure of the designated parking spaces or the Property.
If the designated parking spaces or the Property is destroyed or so damaged by fire o�r other
casualty during the term of the License, this agreement will terminate. City shall not be
required to make any repairs or replacement of the designated parking spaces oth�r than
those repairs or replacements that the City solely deems necessary.
11. ENTIRE AGREEMENT: This License, together with any additional Addenda
and/or Exhibits attached hereto, shall constitute the entire Agreement befinreen the City and
Licensee. No other Agreements unless incorporated and made a part herein, shall be k�inding
on either party. No amendment or modification of this License shall be effective unless agreed
to in writing by Licensee and the City.
12. APPLICABLE LAW � VENUE: Parties agree that Florida Statutes shall a�ply in
enforcing provisions of this License and waive trial by jury in any action or proceeding brought
to enforce the terms of this License. The venue for any proceedings brought to enforce this
License is in Pinellas County, Florida.
13. NO 3RD PARTY RIGHTS: Parties hereto do not intend nor shall this Agreement
be construed to grant any rights, privileges or interest to any person not a party I:o this
Agreement.
14. INSURANCE: The County shall, at its own cost and expense, acquir� and
maintain (and cause contractors and subcontractors, if applicable, to acquire and maintain)
during the term with the City, sufficient insurance, or self-insurance, to adequately prot�ct the
respective interest of the parties. Specifically the County must carry the following minimum
types and amounts on an occurrence basis, or in the case of coverage that cannot be
obtained on an occurrence basis, then coverage can be obtained on a claims-made bas�s with
a minimum three (3) year tail following the termination or expiration of this Agreement:
1. Commercial General Liability Insurance in
occurrence and $1,000,000 general aggregate.
2. Commercial Automobile Liability Insurance foi
borrowed automobile is required in the minimum
the amount of $1,000,000 per
any owned, non-owned, hNred or
amount of $1,000,000 combined
single limit.
3. Statutory Workers' Compensation Insurance and Employer's Liability Insu�rance
in the minimum amount of $100,000 each employee each accident, $100,OO�a each
employee by disease and $500,000 aggregate by disease with benefits aifiorded
under the laws of the State of Florida. Coverage should include VoNuntary
Compensation and U.S. Longshoremen's and Harbor Worker's Act coverage where
applicable. Coverage must be applicable to employees, contractors„ and
subcontractors, if any.
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
Other Insurance Provisions:
1. The City is to be specifically included as an "Insured" on the Commercial Liability
Insurance, and Commercial Auto Liability Insurance policies listed.
2. Prior to the execution of this Agreement then annually upon the anniversary
date(s) of the insurance policy's renewal date(s), the County will furnish the Ciky with
a Certificate of Insurance or letter evidencing the coverage set forth abov��e and
naming the City as an "Insured" on the County's Commercial General Liability
Insurance and Commercial Auto Liability Insurance policies listed abovE3. In
addition, County will provide the City with certified copies of all applicable policies
when requested in writing from the City. The address where such certifica�tes or
letters and certified policies shall be sent or delivered is as follows:
�
4
5.
Parking Manager
City of Clearwater Engineering Department
P.O. Box 4748
Clearwater, Florida 33758-4748
County shall provide thirty (30) days written notice of any cancellation, non-
renewal, termination, material change or reduction in coverage.
County's insurance as outlined above shall be primary and non-contri�butory
coverage for County's negligence.
County shall defend, indemnify, save and hold the City harmless from any and all
claims, suits, judgments and liability for death, personal injury, bodily inj�ry, or
property damage arising directly or indirectly including legal fees, court co4ts, or
other legal expenses.
The stipulated limits of coverage above shall not be construed as a limitation of any
potential liability to the City, and failure to request evidence of this insurance shall not be
construed as a waiver of County's obligation to provide the insurance coverage specifie��.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first written above.
Countersigned:
�- �� f�R n Crt�t.�S
George N. Cretekos
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
` /�_//�� �.:u . '�
: •
Attest:
Rosemarie Call
City Clerk
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SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
W ITNESSES:
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Print Name: �G��c..- ��--�
i�
/ � ' �.irt� '
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APPROVED AS TO FORM
OFFICE OF THE COUNTY ATTORNEY
By' � �
Sr. Asst. County Attomey
STATE OF FLORIDA
COUNTY OF PINELLAS
COUNTY:
PINELLAS COUNTY, FLORIDA
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�ie foregoing instrument was acknowledged before me this
.11�e c'�� �,.�r , 2012, by Rob who
me. Mark S . (,c�ooc�aurGi
/ 7`�'" day of
is personally known to
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,,�,.�yP��, F��0.tJ��, J C��R9YA
•• '� MY Ci�Mlvl1,>Sl��d # EE100011 ' ��
NOTAR ;��.' , a, 20�5 N TARY
SEAL ?���� �xPiR�s s ��,�e �
�:��� FloridallotarYSmvica.r,orr
(407) 398-0'! �3
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Print Name
My Commission Expires: (-�-aa�5 Commission Number: �C �/000��l
THE TERMS SPECIFIED HEREIN ARE SUBJECT TO APPROVAL, EITHER IN OPEN
SESSION BY THE BOARD OF COUNTY COMMISSIONERS, PINELLAS COUNTY,
FLORIDA, OR BY ITS COUNTY ADMINISTRATOR THROUGH HIS DELEGATED
AUTHORITY, AS APPLICABLE.
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�'�,?�;�'� City of Clearwater Parking Spaces for Pinellas County