The URL can be used to link to this page

AMENDED NON-EXCLUSIVE REVOCABLE LICENSE AGREEMENT FOR PARKINGAMENDED NON-EXCLUSIVE REVOCABLE LICENSE AGREEMENT FOR PARKING � This amended LICENSE AGREEMENT ("License"), is made and entered into this 1� day of � i l c2� L►t`� , 2013, by and befinreen the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY CLEARWATER, FLORIDA, a public ba�dy corporate and politic of the State of Florida ("Licensor"), and the INTERCULTUFtAL ADVOCACY INSTITUTE, INC. a Florida non-profit Corporation, ("Licensee"). WITNESSETH: 1. License Premises: In consideration of Licensee timely and fully complying with the covenants and conditions herein contained, Licensor does hereby grant to Licensee and Licensee hereby accepts from Licensor, a non-exclusive revocable license ("License") to utilize Pinellas County Parcel Number 15-29-15-65286-000-0190 owned by Licerisor and more particularly described as follows: SEE AMENDED EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF ("License Premises"). 2. Use of License Premises: Licensee shall have the right and privilege to enter upon and utilize the above-described premises (License Premises) for the sole purpos� of vehicular parking by vendors and clients participating in periodic events known as the Clearwater Gateway Farmers Market (Farmers Market). This License is valid �nly during Farmers Market events and the entrance gate to the License Premises shall be locked at all other times. This License is not coupled with an interest and conveys no property interest whatsoever. This License is not assignable. 3. License Term: This License is granted to Licensee upon the execution hereof and shall remain in full force and effect through May 25, 2013 unless otherwise terminated as provided herein. This License may be renewed each year for a period beginning on September 1, and ending on May 31 of the following year upon mutual written agreement of both parties. For purposes of this paragraph, written agreement may include letter format or email communications. 4. Licensee's Maintenance Responsibilities: It is the sole responsibility of License�: to ensure that the License Premises is in good condition and safe for activities authori�zed herein. Following each occurrence of the Farmers Market, Licensee shall clean the area of all trash and debris and lock the entrance gate such that the License Premises f��drli�l 5. Licensor's Maintenance Responsibilities: At its sole discretion and in order to preserve its property, Licensor will provide general maintenance of the License premises including but not limited to grass mowing. Licensor's maintenance of the License Premises is for preservation and esthetic purposes only and will not necessarily provide for suitable conditions for activities authorized herein. � 6. License Premises Unusable: During or following certain weather events, use of the License Premises may cause abnormal damage to the ground surFace. License� is responsible to use its reasonable discretion in determining whether to use the License Premises in such circumstances. Licensor, at its sole discretion, may deem the License Premises unusable prior to any Farmers Market event and require that the License Premises not be used during that event. 7. Restoration of License Premises: Upon termination of this License, and prior to thirty (30) days thereafter, Licensee will fully restore the License Premises and any affected areas surrounding the License Premises to at least the same quality of condition that existed as of the date Licensee first executed any of its rights hereunder. Restoration may include, but not be limited to, installing sod as necessary, fence repair, �and repairing ruts or depressions resulting from Licensee's use of the License Premises. 8. License Fee: Licensee agrees to pay and Licensor agrees to accept as a License �ee for the entire term of this License the sum of One and 00/100 Dollars ($1.00), the receipt and sufficiency of which is hereby acknowledged. 9. Security of License Premises: Licensee is solely responsible to lock the gates �and secure the License Premises following each Farmers Market event. Further, Licensee understands that Licensor owns additional property contiguous with the License Premises and will make reasonable efforts to prevent trespass onto this area. 10. Termination: Either party hereto may terminate this License without cause upon thirty (30) days written notice to the other party. Following the termination of this Licer�se, Licensee, at its sole cost and expense, will restore the License Premises in accordance with Paragraph 6 above and following the completion of said restoration, all rights granted herein in favor of the Licensee shall automatically extinguish and the License Premises shall revert fully to the Licensor as if this License had never been granked. However, provisions of this License specifically intended to survive this License, shall survive. 11. Liability / Indemnification: Licensor will not accept and explicitly renounces any liability of any nature for use of the License Premises by the Licensee, its employees, agents, contractors and invitees. Licensee shall save and hold harmless the Licensor, its successors and/or assigns, from any and all liability arising from injury to person or property during the term hereof. Nothing contained herein shall be construed as creating third party beneficiaries or as consent by the Licensor to be sued by third parties in any manner arising from this grant of License. Indemnification in accordance with this provision shall survive termination or expiration of this License. 12. Insurance Reauirements for Licensee: The Licensee shall, at its own cost and expense, acquire and maintain (and cause contractors and subcontractors to acquire and maintain) during the License Term, sufficient insurance to adequately protect the respective interest of the parties. Coverage shall be obtained with a carrier having an AM Best Rating of A-VII or better. Specifically the Licensee must carry the follovving minimum types and amounts of insurance on an occurrence basis or in the cas� of coverage that cannot be obtained on an occurrence basis, then coverage can be -2- obtained on a claims-made basis with a minimum three (3) year tail following the termination or expiration of this Agreement: 1. Commercial General Liability Insurance including but not limited to, premises operations, products/completed operations, products liability, contractual liability, independent contractors, personal injury and advertising injury and $1,000,000 per occurrence and $1,000,000 general aggregate and $1,000,000 products/completed operation aggregate. 2. Commercial Automobile Liability Insurance for any owned, non-owned, hired or borrowed automobile is required in the minimum amount of $1,000,000 combined single limit. 3. Statutory Workers' Compensation Insurance and Employer's Liabilitv Insurance in the minimum amount of $100,000 each employee each accident, $100,000 each employee by disease and $500,000 aggregate by disease with benefits afforded under the laws of the State of Florida. Coverage should include Voluntary 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. 4. If the Licensee is using its own property Licensor's connection with the performance of its obligations Agreement, then Property Insurance on an "All Risks" replacement cost coverage for property and equipment i custody and control of others is required. property in under this basis with n the care, The above insurance limits may be achieved by a combination of primary and umbrella/excess liability policies. Other Insurance Provisions: 1. The Licensor is to be specifically included as an "Additional insured" on the Commercial Liability Insurance, and Commercial Auto Liability Insurance policies listed above and named as a"Loss Payee" on Licensee's Property Insurance policy. 2. Prior to the execution of this Agreement (and seven {7} days prior to the start of work under this Agreement) then annually upon the anniversary date(s) of the insurance policy's renewal date(s), the Licensee will furnish the Licensor with a Certificate of Insurance evidencing the coverage's set forth above and naming the Licensor as an "Additional Insured" on the Licensee's Commercial General Liability Insurance and Commercial Auto Liability Insurance policies listed above and as a"Loss Payee" on the Licensee's Property Insurance policy. In addition, Licensee will provide the Licensor with certified copies of all applicable policies when requested in writing from the Licensor. The address where such certificates and certified policies shall be sent or delivered is as follows: -3- City of Clearwater Attn: Economic Development Director P.O. Box 4748 Clearwater, FL 33758-4748 3. Licensee shall provide thirty (30) days written notice of any cancellation, non-renewal, termination, material change or reduction in coverage. 4. Licensee's insurance as outlined above shall be primary and non- contributory coverage for Licensee's negligence. 5. Licensee shall defend, indemnify, save and hold the Licensor harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly including legal fees, court costs, or other legal expenses. The stipulated limits of coverage above shall not be construed as a limitation of any potential liability to the Licensor, and failure to request evidence of this insurance shall not be construed as a waiver of Licensee's obligation to provide the insurance cover�age specified. 13. Other Provisions: Integral to the rights and privileges herein granted, the parties fur�her agree as follows: a. Licensee shall at all times maintain the License Premises in compliance with all applicable City of Clearwater codes. b. Except as otherwise expressly provided for herein, Licensee shall be responsible for any and all maintenance of the License Premises, and all expenses for utiliities required, if any, in the operation and maintenance of the License Premises. 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. If this License, or its operation, shall create any ad valorem or other tax obligatians, it shall be incumbent solely upon Licensee to timely discharge same. 14. Notice: Any notice given by one party to the other in connection with this License shall be sent by United States Mail, with postage and fees prepaid, addressed as follows: If to Licensor: Economic Development Director City of Clearwater P. O. Box 4748 Clearwater, Florida 33758-4748 If to Licensee: InterCultural Advocacy Institute, Inc. 612 Franklin Street Clearwater, Florida 33756 -a- 15. Quiet Enjovment: Upon observing and performing the covenants, terms and conditions required by this License, the Licensee shall peaceably and quietly hold and enjoy the License Premises for the term stipulated herein, without hindrance or interruption by Licensor. It is expressly understood and agreed that all rights of ownership of the License Premises not inconsistent with the license rights herein conveyed to Licensee are reserved to Licensor. Subject to the terms and conditions hereof, Licensor shall have the right at its sole discretion to grant such other licenses, rights or privileges to other persons and entities so long as such grants shall not unreasonably interfere uvith rights and privileges conveyed herein to Licensee. 16. Entire Agreement: This License contains all of the terms, conditions and covenants binding the parties hereto. There are no other terms, conditions, covenants or understandings, either written or oral, binding upon the parties unless expressed herein in writing, or subsequently addended hereto by mutual agreement of the parties. The Remainder of This Page Intentionally Left Blank -5- IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands and seals the day and year first above written. Signed, sealed and delivered In the presen�#;� C1 Print Witness name ��/�L�C� Witness signature � n� r�Q, i�e nc� �f�� Print Witness name Approved as to form: � �7� Laura Lipowski Mahony Assistant City Attorney INTERCULTURALADVOCACY INSTITUTE, INC � `-��/ /. B�/. � _ Print Name �,� �1 � 2 A I��I (� �_ Title C �; ,_ COMMUNITY REDEVELOPMENT AGENC'Y OF THE CITY OF CLEARWATER, FLORID,A — t�t�c�C1�iS By: t� George N. Cretekos, Chairperson Attest: Rosemarie Call City Clerk �� .� _ 0 n ►o��oP s.-� *� °�._'� � � {,� �, � � � „� � �� : yr ,° .�- �� a m� �� I' � � s. � � � r. � � „Ys e�t g..{" ,y� # � Y 4 � � �F xy. -. s �A� � �, �'"�� ,< �$ � � ��. k., :� ��z � � � � � � �,�,,. '�t • �. ■ � � r�' ,ty. ��: ��. . > r . . ,�� . �� = w �,,.. " � � �� r' , '"` r � , � � �„ . ,, �� y� �� . � f 4 ,;; . ��''_'�_�� -� ` . ��OS�� ., ,�� ..� � ; ��E � ° ►�� : . ; ;,. � '.:.:��.. _ _ � . - • � ��._. � ; � ,�� ` � - - ' - - � � �� .' '� x. ►��'.►'�� ;�.� , �• , ,� � _ z '_ ,�, a . .� �. x �>�_: , � �� .° ��.: ,� � _ . . .� � ,�� ,�. �w. - t�s:: „: � _. '� ' , �°'` �,t, � x= � � .�,.p � ; . y � " - }. �,�• �� ,• � ,a. � �. � •.: ; .. .�� :. �.� • �' �:' �� • • - - ' - - � .:� . _ : , ... - -• - - - - � � '�• • ' ` • < , . ° :: � � . � - • ` - '�• . - ~. "'- , � � �, .�.�„ � Clearwater I�� License Agreement between the CRA � � and the Intercultural Advocacy Institute P�ePa�edbY Parking for Clearwater Gateway Farmer's Market Engineering Department �. GeographicTxhnologyDivisfon �' 100 S. Myrtle Ave, Clearwater, FL 33756 � � �. Ph:p27)562-4750,Fax:�727�526-4755 '�, Map Gen By: CRM � Reviewed By: C L �I Date:02/15/13 '�.. Grid #: 2878 I S-T-R: 15-29-15 w.MyC learwater.com — � N V�l E S Scale: N.T.S. I�'"" Path: V:\GIS\Engineering\Location Maps\GATEWAY_FARMERS_MARKET_PARKINC:�_.021513.mxi