PARKING AGREEMENTAGREEMENT
THIS AGREEMENT is entered into this _� day of 2013, between
the Palm Harbor Special Fire Control and Rescue District ("PHS RD") AND the City of
Clearwater, a municipal corporation of the State of Florida d/b/a/ Clearwater Gas System ("City"
or "CGS").
WHEREAS, PHSFCRD owns the parking lot adjacent to the real property located at 250
Westlake Road, Palm Harbor, Florida 34684 (hereinafter referred to as "Parking Lot"); and
WHEREAS, CGS wishes to continue to utilize the Parking Lot and PHSFCRD has
agreed to perrnit use of the Parking Lot under the terms and conditions stated herein.
NOW, THEREFORE, the parties, in consideration of the mutual promises contained
herein, agree as follows:
1. The above recitals are true and correct and incorporated herein.
2. CGS is permitted to use the Parking Lot to park its vehicle from Sunday through
Saturday between 12:00 a.m. and 11:59 p.m. located at 250 Westlake Road, Palm Harbor,
Florida 34684.
3. To the extent permitted by Florida Statutes 768.28, CGS hereby indemnifies,
holds harmless and releases PHSFCRD, its elected officials, officers, employees and agents
(hereinafter, collectively "Releasees" and individually "Releasee") from any and all losses,
injuries, claims, suits, demands, costs, liabilities, damages and expenses of every kind and
nature, including, but not limited to, attorney's fees arising out of the negligent or deliberate act
or omission of CGS, its agents, officers, employees. This indemnification includes demands,
damages, actions, and causes of action including claims for personal injury, property damage,
violation of local, state, or federal laws, caused by the negligence of CGS, its officers,
employees, or agents.
4. CGS agrees to comply with all applicable local, state, and federal laws, including
but not limited to environmental regulations and agrees to assume sole responsibility for any
fines, penalties resulting from a violation any such regulation. In the event CGS is found in
violation of any local, state, or federal laws, CGS agrees to cure such violation within 10 days or
said violation constitutes a material breach of this agreement.
5. This Agreement embodies all agreements and representations of the parties.
There are no promises; terms, conditions, or allegations other than those contained herein; and
this Agreement supersedes all previous communications, representations, and agreements,
whether written or verbal, between the parties. This Agreement may be modified only in writing
and executed by all parties.
6. CGS acknowledges that it has had a full opportunity to review this Agreement
proper authorities of CGS have read, understand and approve this License.
00181090.DOCX
7. The term of this Agreement shall commence on the date of its execution and may
be terminated by either party providing thirty (30) days written notice of the party's intent to
terminate. Such notice shall be deemed to have been given when mailed, postage paid, or
personally delivered.
8. If any one or more of the provisions of this Agreement shall be held to be invalid,
illegal, or unenforceable in any respect, the validity, legality and enforceability of the remaining
provisions hereof shall not in any way be affected or impaired thereby. The parties recognize
that this Agreement has been the result of negotiations of both parties. This Agreement shall not
be construed or interpreted in any way against any one party on the basis that that party drafted
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
Countersigned:
— C�,�iD�� /� C�'R�FOS
George N. Cretekos
Mayor
APPROVED AS TO
FORM:
Laura Mahony
Assistant City Attorney
00181090.DOCX
PALM H BOR SPECIAL FIRE
CONTR AN S ISTRICT
By:
J es Angle
alm Harb ire Chief
CITY OF CLEARWATER, FLORIDA
By: '%`,�.�h�� ��•�- �'�
Wil am B. Horne, II
City Manager
ATTEST:
By: ° � � ��C,
Rosemarie Call
City Clerk
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