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NON EXCLUSIVE LICENSE AGREEMENTNON EXCLUSIVE LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into this 1$ day of Y1't �t 2013, 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 WATER'S EDGE CONDOMINIUM ASSOCIATION OF CLEARWATER, INC., a Florida non-profit corporation whose principal address is 331 Cleveland Street, Clearwater, Florida 33755 (herein, "Licensee"). WHEREAS, the property depicted in Exhibit "A," attached hereto, (hereafter the "Property" or "City Lot 10") is available to the public for metered parking from 8:00 AM to 6:00 PM during non-Federal holidays, and free parking at all other times; and WHEREAS, the average annual revenue generated by metered parking within City Lot 10 over the most recent four-year period is $78.85 per parking space; and WHEREAS, the Licensee has approached the City with a request for the non- exclusive use of ten (10) parking spaces within City Lot 10 on an as-available basis. NOW, THEREFORE, in consideration of the covenants herein contained, the City hereby grants a parking License to Licensee for the Property depicted 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 (Initial Term). Thirty (30) days prior to the expiration of the Initial Term of this License or any extended term as provided herein and provided Licensee is not in default of any terms herein, Licensee shall have the option to request an extension of the term of this License: The City may approve or disapprove Licensee's requested extension in its sole discretion. Each extended term requested by Licensee and approved by the City, shall be for one (1) year. If the City disapproves any request for an extended term, this License shall terminate at the conclusion of the then-current term. 2. LICENSE FEE: Licensee agrees to pay and the Licensor agrees to accept as a license fee during the Initial Term of this License the sum of $788.50 payable within 30 days of the effective date of this License. For any extended term approved by Licensor, Licensee agrees to pay and Licensor agrees to accept as a license fee, during each extended term of this License, an amount equal to the previous year's average revenue for ten (10) spaces generated by metered parking within City Lot 10. The license fee for any City-approved extended term shall be paid in full prior to the commencement the extended term. 3. USE OF PREMISES: (a) Licensee shall have non-exclusive use ten (10) available metered parking spaces (Licensed Spaces) on the Property for resident and guest parking. Licensee may not at any time use any non metered or handicapped parking space on the Property. (b) Licensed spaces may not be used to "store" vehicles. Any vehicle parked in a Licensed Space unmoved for 72 hours, may be towed at Licensees expense and may be subject to penalties pursuant to the City's parking enforcement program. (c) 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 Licensed Spaces, shall promptly comply with all statutes, ordinances, rules, orders, regulations, and requirements of any governmental agency with authority over the Property. 4. VEHIC�E IDENTIFICATION: Any vehicle to be parked in a Licensed Space by virtue of this License shall be identified with a Static Vinyl Permit (Permit) issued by Licensor. Permit shall be placed on the lower left driver's side windshield. Permits shall be turned back in to the City and renewed prior to the commencement of any extended term as provided herein. Lost permits will not be replaced during any term o� e�ctended term of this License, however at the commencement of any extended term approved by the City; ten (10) new Permits may be issued. 5. AVAILABILITY OF LICENSED SPACES: Licensor shall have no responsibility to make the Licensed Spaces available at any time. Further, Licensor may, upon five (5) days notice to Licensee, suspend this License for any period of time at its sole discretion. �icensor shall reimburse Licensee a prorated amount of the License Fee that represents the duration of the suspension. Licensee may not at any time, place cones or other obstructions to block any space within the Property and may not, in any way reserve any parking space for future use. 6. SIGNAGE: Licensee may not at any time place or install any type of signage on the Property. 7. ENFORCEMENT: The City will monitor and enforce the parking rules on the Property consistent with the City's e�sting parking enforcement program. Vehicles not appropriately identified in accordance with paragraph 4 above shall be subject to penalties in accordance with the City's parking enforcement program. Any illegal parking or violations of posted regulatory signs are enforceable by City parking enforcement staff or by the City of Clearwater Police Department. 8. LIABILITIES AND INDEMNITY: Licensee agrees to indemnify and hold the City harmless from all claims (including costs and expenses of defending against such claims) arising or alleged to arise from the negligence or willful misconduct of the Licensee or Licensee's residents, guests and invitees occurring during the term of this License or any e�ensions in or about the Property. Licensee agrees to use the Property at its own risk and hereby releases the City, its agents and employees, from all claims for any damage or injury brought on by the Licensee to the full extent permitted by law. Assumption of Risk and Disclaimer of Liability: The Licensed Spaces and the Property, as a whole, are to be used at the sole risk of the Licensee, Licensee's residents, guests and invitees, or other persons making legal and proper use of the Licensed Spaces, and the City of Clearwater shall not be liable or responsible for the care or proteetion of vehicles and contents, or for any loss or damage of whatever kind or nature to said vehicle, howsoever occasioned. There is no guarantee or warranty of any kind as to the condition of the Licensed 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 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 Licensed Spaces shall assume the duty to report all accidents to the City's Parking Manager or the Licensee's designee. 9. TERMINATION: The Licensee may terminate this License at any time upon written notice to the City. The City, at its option, may terminate this License upon thirty (30) days written notice to Licensee 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 City Council determines at a duly constituted City Council Meeting that the Property is needed for other municipal purposes and serves the Licensee 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 City shall reimburse Licensee for a prorated amount of the prepaid License Fee that represents the amount of the prepaid license fee for the period subsequent to the termination date. 10. 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 LICENSEE: President, Water's Edge Condominium Association of Clearwater, Inc. 331 Cleveland Street Clearwater, Florida 33755 11. ASSIGNMENT AND SUBLETTING: Licensee may not assign or sublet its rights hereunder. 12. MAINTENANCE: Licensor shall maintain the Property consistent wi�h its maintenance of similar City-owned properties. Licensee shall not make any improvements or alterations to the Property at any time. Moreover, Licensee shall not add, unde� any circumstances, accessory structures to the Property. If the Property is destroyed or so damaged by fire or other casualty during the term af the License, this agreement will terminate. City shall not be required to make any repairs or replacement of the Licensed Spaces other than those repairs or replacements that the City solely deems necessary. 13. ENTIRE AGREEMENT: This License, together with any additional Addenda and/or Exhibits attached hereto, shall constitute the entire Agreement between the Cifiy and Licensee. No other Agreements unless incorporated and made a part herein, shall be binding on either party. No amendment or modification of this License shall be effective unless agreed to in writing by Licensee and the City. 14. APPLICABLE LAW � VENUE: Parties agree that Florida Statutes shall apply in enforcing provisions of this License and waive trial by jury in any action or proceeding brvught to enforce the terms of this License. The venue for any proceedings brought to enforae this License is in Pinellas County, Florida. 15. 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 tr� this Agreement. Remainder of This Page lntentionally Left Blank IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first written above. � Countersigned: �' ��1C�' ��s George N. Cretekos Camilo A. Soto Assistant City Attorney SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSES: / � �1 p E �r N � � �- ► a Print Name �..1"� �� i /I� 11•I CITY OF CLEARWATER, FLORIDA By: y � �� ►�+-ti� illiam B. Horne II City Manager Attest: �. �Z,�" Rosemarie Call City Clerk ryFw�. �I � / �%� �� =_ ..�� .____.. 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M � � . � � � �.. �� ' � °� �� r�.r�r4+ ��: � � �58 � � � �� , � N W E S �� Scale: 1"= 60' k �y Prepared by: ° Clearwater EngineeringDepartment CITY HALL PARKING LOT LICENCE AGREEMENT Map Gen By: CRM Reviewed By: TM Date: 01/31/2013 > Geogrophic Technology Division F 100 S. Myrtle Ava, Ckarvnter, FL 33756 U Ph: (727)562�750, Fax: (727�5264755 Gf id #: 2866 S-T-R: 16-29S-15e www.M Ckarwater.com ratn: v:wis_s[amcnns��nucK �ane cuszom maps��icy_nau_wacerstage�arKiny_iayouc.mxa