LICENSE AGREEMENT - 24 GARDEN AVE NLICENSE AGREEMENT
THIS LICENSE AGREEMENT is made and entered into this i 1 day of L. 0.0 4.4
2013, by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation, P.O. Box 4748, Clearwater, Florida 33758 -4748 (herein, "City" or Licensee),
and 600 Cleveland LLC a Florida limited Liability company.
WHEREAS, the property located at 24 N. Garden Avenue (herein "the Property) is
private parcel belonging to the Licensor;
WHEREAS, the Licensor is agrees to make the Property open to the public after
6pm daily and on the weekends, at no additional cost to the City or the public -at- large;
WHEREAS, in consideration for the access to the Property, the City is going to
make improvements to the Property, which are more particularly described in Exhibit "A,"
and the cost of which is described in Exhibit "B;" such exhibits are incorporated into this
License by reference;
NOW THEREFORE, in consideration of the covenants herein contained, the
Licensor hereby grants a parking License to the City for the Property.
1. TERM AND FEE: This License shall commence upon the date that all the capital
improvements, as detailed in Exhibits "A" and "B," have been completed or by October 1,
2013, whichever occurs first, and shall continue for a primary term of three (3) years,
unless otherwise terminated by either party as provided herein. This License may be
eligible for renewal for two consecutive one (1) year terms, only upon annual agreement
by both parties. The Licensee agrees to make mutually agreed upon improvements to the
Property, as consideration for use of the Property during any term of this License, see
Exhibit A.
The City agrees to amortize the cost of the capital improvements, as detailed in
Exhibit "B" and agreed to by both parties, by twenty percent (20 %) per year over a span
of five (5) years, pursuant to the maximum amount of years possible under this
agreement. If, however, this agreement terminates before the conclusion of the initial
three (3) year term, or if the two possible one (1) year options are not exercised, then
Licensor agrees to pay the City the amortized cost of the capital improvements in that
particular year of termination. For example, if both parties fail to extend this agreement
after the conclusion of the initial three (3) year term, then Licensor is responsible to pay
the City forty percent (40 %) the value of the City's capital improvements to the Property.
2. USE OF PREMISES: The Licensee, its invitees, employees, and all individuals
making legal use of the Property shall do so only from 6:00 PM to 7:00 AM during the
weekdays, at all times during the weekends and on Federal Holidays (Effective Hours).
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This License shall not confer upon the Licensee ownership interest in the Property. All
persons making legal and proper use of the Property shall promptly comply with all
statutes, ordinances, rules, orders, regulations, and requirements of any governmental
agency with authority over the Property.
3. ENFORCEMENT: The City will monitor and enforce the parking rules on the
Property consistent with the City's existing parking enforcement program.
4. PARTIES' LIABILITY: Licensee shall save and hold harmless the Licensor, its
successors and /or assigns, from all liability arising from injury to person or property
occasioned by use of the Property only during the Effective Hours on account of such
injury or damage having been caused by the negligent act or omission of Licensee's
employees, servants or agents. Licensor shall save and hold harmless the Licensee
from all liability arising from injury to person or property occasioned by use of the
Property. Nothing contained herein shall be construed to waive or modify the provisions
of Florida Statute sec. 768.28 or the doctrine of sovereign immunity as to the City.
Additionally, nothing contained herein shall be construed as creating third party
beneficiaries or as consent by the Licensee to be sued by third parties in any manner
arising from this grant of License
The Licensor warrants that the Property is free of any defects or dangers that would
preclude its use as a parking lot for the use of the public. All persons making legal and
proper use of the Property shall assume the duty to report all accidents, dangers, or
defects to the City's Parking Manager and the Licensor's designee.
Licensor releases the City from any and all liability arising from use of the Property
at the conclusion or upon termination of this License.
5. TERMINATION: Either party to this License may terminate this License upon
ninety (90) days written notice to the other party. If, however, the Licensor terminates this
agreement prior to the conclusion of the initial term, or if the two options are not exercised,
then it shall compensate the City as detailed in paragraph 1 of this License.
Upon termination by either party as provided herein, the Licensor understands that
the Property will remain in its improved state and condition, and the Licensee shall not
have any responsibility to restore the Property to its previous condition. .
6. 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
[A04 -00232 /128383/1]
Licensor:
600 Cleveland LLC, CIO Jacob Real Estate Services, 607 West Bay Street,
Tampa, Florida 33606 , AND
David E Platte Esq. 1465 S. Ft. Harrison Ave, Suite 202 Clearwater, FL 33756
7. ASSIGNMENT AND SUBLICENSING: Neither party may assign or sublicense its
rights hereunder without the prior written consent of the other.
8. OTHER PROVISIONS: Integral to the rights and privileges herein granted, the
parties further agree as follows:
a) Licensor shall at all times maintain all portions of the Property containing in
compliance with all applicable City of Clearwater codes.
b) Licensor, 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.
c) 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.
d) 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.
e) The Parties agree to coordinate the parking lot improvements during night
and weekend hours as to not disrupt the tenant parking in said lot. If the
improvement work is delayed, or disrupts the parking during construction, the
city agrees to provide temporary parking in the Garden Ave. Garage at no
charge to either party.
9. MAINTENANCE: The Licensor is responsible for regular maintenance of the Property.
Licensee shall not make any improvements or alterations to the Property without the prior
written approval of the Licensor. If any of the capital improvements, as detailed in Exhibit "A"
and "B ", require maintenance or replacement, then that shall be the sole discretion of the
Licensee and it will be at the Licensee's cost. If the Property is destroyed or so damaged by
fire or other casualty during the term of the License, this agreement will terminate, and the
Licensor shall still be responsible to compensating the City as detailed in paragraph 1 of this
License.
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10. ENTIRE AGREEMENT: This License, together with any additional Addenda and /or
Exhibits attached hereto, shall constitute the entire Agreement between the City and Licensor.
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 Licensor and the City.
11. 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 brought
to enforce the terms of this License. The venue for any proceedings brought to enforce this
License is in Pinellas County, Florida.
12. 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 to this Agreement.
13. INSURANCE: Licensor understands that Licensee is a self- insured entity. As such, the
City at its own cost and expense, maintains (and causes contractors and subcontractors, if
applicable, to acquire and maintain) during the License term with the City, sufficient insurance,
or self - insurance, to adequately protect the respective interest of the parties.
IN WITNESS WHEREOF, this agreement is executed as of the date first above written.
Countersigned:
qt011(1\ Cr tlitt,
George N. Cr- -kos, Mayor
Appro
ed as to for,
CITY OF CLEARWATER, FLORIDA
By to A,
William Horne, City Manager
Attest:
alt l 42L6tL
Camilo Soto, Assistant City Attorney Rosemarie Call, City Clerk
[A04 -00232 /128383/1]
Licensor — 600 Cleveland LLC.
By: cf�u
Print:
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the corporation
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EXHIBIT A
ADD SIGNS BELOW CURRENT SIGNAGE WITH OPEN PARKING AFTER 6PM
lil
OPEN FENCE FOR PEDESTRIAN. OPENING THAT CAN BE SECURED WITH LOCK.
SIGNAGE ABOUT OPEN PARKING AFTER 6PM.
CHANGE TOW AWAY SIGN FOR HOURS BETWEEN 8AM -6P111
LIFT SIGNS TO PROPER HEIGHT
SIDEWALK IMPROVEMENT.
CURRENTLY OLD DRIVE WAY
}
Clearwater r is earn' g
Engineering Department
Geographic ring De art Division
1. _ 700 S. Myrtle Ave, Clearwater, FL 33756
Pb: W.
(727)562.4750, Fax: (727)5264755
www.MyClearwater.com
SURFACE LOT AT GARDEN AVENUE GARAGE
Document
Bank of America Surface Lot Enhancements — Exhibit B
Traffic recommendations/cost for signage
1. 13 signs 24"x18" black legend with white background cost is $227.50. Install cost
$54 two man hours. If charging for vehicles, $20 per sign truck.
2. Send a crew to determine how long it will take; four man hours total ($108) - $40 per
hour for sign truck.
3. New 30 minute parking sign and tow plaque 12 "x18" $9.75 and 12 "x6" plaque
$3.50. Sign truck $20.
Sidewalk Improvements and Fence Maintenance/Enhancements
Bid Items
Mobilization
Maintenance of Traffic
Demolition
Erosion Control
Fencing (post and gate - Match Existing)
Concrete Sidewalk
Type "F" Curb and Gutter
Subtotal (Items 1 -7)
10% Contingency (Sub -Total of Items 7)
Total $600
QTY Unit Unit Price Amount
1 LS 1,000 1,000
1 LS 500 500
1 LS 1,500 1,500
80 LF 1 80
1 LS 1,200 1,200
400 SF 4.50 1,800
80 LF 14.00 1,120
7,200
720
Total Bid (Items 1 -7)
Cost for signage
Total
Parking Lot Resurfacing Enhancements
Bid Items
Full Width Milling (Up To 2" )
Asphalt Concrete
Resurfacing 1 -1/2" Type S -I
Pavement Marking — Solid White
Remove & Restore Wheels Stops
Subtotal (Items 1-4)
10% Contingency (Sub -Total of Items)
QTY Unit
2,700 SY
7,920
+ 600
8,520
Unit Price Amount
1.30 3,510
228 TN
1,200 LF
1 LS
Base Total Construction Cost (Items 1-4)
Grand Total
1 LS
84.75
.14
750
2,375.10
19,323
169
750
23,751.00
2,375.10
26,126.10
+ 8,520.00
34,646.10