LICENSE AGREEMENT FOR USE OF THE CLEARWATER POLICE DEPARTMENTS DISTRICT II LINE UP ROOM (4)LICENSE AGREEMENT
FOR USE OF THE
CLEARWATER POLICE DEPARTMENT'S
DISTRICT II LINE -UP ROOM
1. Parties
This License Agreement (Ag$reement) is joined by the following entities (collectively, the
Parties) this !3411 day of vn ' r , 2013: the City of Clearwater, a political
subdivision of the State of Florida, and the United States Coast Guard Auxiliary, Flotilla 1
1 -1, an instrumentality of the United States. In this Agreement, the City of Clearwater is
referred to as the "Licensor," and the United States Coast Guard Auxiliary, Flotilla 11 -1, is
referred to as the "Licensee.'
2. Purpose
This Agreement defines the scope of responsibilities of the Parties concerning the use of
the Clearwater Police Department District II Line -up Room (Premises), which is located at
645 Pierce Street, Clearwater, Florida.
3. Grant of License
Licensor hereby grants to licensee a license to occupy and use, subject to all the terms
and conditions stated or referenced herein, the Premises, including available parking
areas. Licensor agrees that there are no costs /fees associated with the use of the
Premises by the Licensee.
4. Coordinators
The parties will assign points of contact (POCs) for this Agreement The POCs
will address and resolve all issues related to this Agreement.
5. Terms and Conditions
A. All activities of the Parties under this Agreement will be carried out in accordance with the
terms and conditions of this Agreement.
B. The Licensor shall at all times have priority use of the Premises for its own needs and may
cancel any meeting or program referred to in paragraph 5. C. due to an emergency
necessitating the use of the Premises. In the event that the Licensor must cancel any
meeting or program, Licensor will provide notification to Licensee as soon as possible.
C. The premises may be occupied and used by the Licensee to conduct a regular monthly
Flotilla meeting on the 3rd Wednesday of each month, from 6:30 p.m. to 9:30 p.m., as well
as the following public education programs during January 1 through June 30, 2014.
2
US COAST GUARD AUXILIARY
CLEARWATER, FLOTILLA 11 -1
PUBLIC EDUCATION PROGRAM SCHEDULE 2014
January 11 & 12
Weekend Program
Boating Safety
Class Days: Jan. 11 & 12 8:00 am — 1:00 pm
January 15
Wednesday
Flotilla Monthly Meeting
Class Days: Jan. 15 6:30 pm — 9:30 pm
February 8 & 9
Weekend Program
Boating Safety
Class Days: Feb. 8 & 9 8:00 am — 1:00 pm
February 19
Wednesday
Flotilla Monthly Meeting
Class Days: Feb. 19 6:30 pm — 9:30 pm
March 8 & 9
Weekend Program
Boating Safety
Class Days: Mar. 8 & 9 8:00 am — 1:00 pm
March 19
Wednesday
Flotilla Monthly Meeting
Class Days: Mar. 19 6:30 pm — 9:30 pm
April 12 & 13
Weekend Program
Boating Safety
Class Days: Apr. 12 & 13 8:00 am — 1:00 pm
April 16
Wednesday
Flotilla Monthly Meeting
Class Day: Apr. 16 6:30 pm — 9:30 pm
May 10 & 11
Weekend Program
Boating Safety
Class Days: May 10 & 11 8:00 am — 1:00 pm
May 21
Wednesday
Flotilla Monthly Meeting
Class Days: May 21 6:30 pm — 9:30 pm
June 14 & 15
Weekend Program
Boating Safety
Class Days: June 14 & 15 8:00 am — 1:00 pm
June 18
Wednesday
Flotilla Monthly Meeting
Class Days: June 18 6:30 pm — 9:30 pm
2
D. The Licensee agrees to maintain the Premises in a clean and usable condition and
will be responsible for all necessary cleanups of the Premises after each use by the
Licensee.
6. Liability
A. Each Party shall be responsible for any claims for damages to any persons
and /or property, arising from its own conduct, and retain immunity and all defenses
available to them pursuant to applicable state and federal law. The Licensee, Flotilla 11 -1,
as an instrumentality of the United States as set forth at 14 U.S.C. § 821, does not carry
liability insurance inasmuch as the United States Government "self insures" for the liability
exposures set forth herein. Flotilla 11 -1 shall be liable, to the extent provided by the Federal
Tort Claims Act, 28 U.S. C. § 2671 et seq., and shall defend and hold harmless Licensor
and its employees, for death, personal injury and damage to property proximately caused
by the act or omission of Flotilla 11! or its members, assigned to duty and acting within the
course and scope of such duty as set forth in 14 U.S. C. § 823a, in connection with their
use of the Licensed Premises to the extent provided and authorized by the Federal Tort
Claims Act.
B. Each Party acknowledges that its liability, if any, for the negligent or
wrongful acts or omissions committed by its employees and /or members is governed
by applicable state and /or federal law. Nothing herein should be construed as
supplanting any applicable statute, rule, or regulation.
C. Notwithstanding any limitation imposed by law, public policy or this Agreement to
indemnify and hold harmless the Licensor. the Licensee agrees, at all times, to repair or replace
any damaged real or personal property of the Licensor when said damage occurs while the
Premises is under the control and use of the Licensee. The Licensor shall not be responsible for
any loss of any property or equipment, for any reason or under any circumstances, belonging to
the Licensee
7. Amendments and Duration
A. Paragraph 5. C. of this Agreement may be amended or modified by the mutual written
consent of the Parties authorized representatives.
B. This Agreement will remain in effect during the period, January 1 through June 30,
2014, while the Licensee is conducting the public education programs listed in
paragraph 5. C. of this Agreement.
C. This Agreement may be terminated at any time upon the mutual written consent of
the Parties. In the event the Parties consent to terminate this Agreement, the
Parties will consult prior to the date of termination to ensure termination on the
most economical and equitable terms. However, any Party may terminate this
Agreement with thirty (30) days written notification to the other Party.
3
D. This Agreement represents the complete understanding of the Parties with
respect to the Licensee's use of the Premises. This Agreement supersedes all written and oral
proposals and other communications between the Parties. Nothing in this Agreement is
intended to create, nor does it create, an enforceable legal right or private right of action.
Countersigned:
cteo r t tr\ cP c\40f
George N. Cretekos
Mayor
CITY OF CLEARWATER, FLORIDA
By: 1,0,
William B. Horne II
City Manager
Approved as to form: Attest:
\:\
I, xs.„?U.N.,
Robert J. -Surerte
AssistantVity Attorney
UNITE ES •AST
By:
D AUXILIARY
11-04.1,0-7
/,‘„41,/ltabL.
Rosemarie Call
City Clerk
Andrew Anderson CDR USCG RET
D7 Staff Legal Officer (Approved as to Legal Sufficiency)
By: / 4- •
: 0 4,
q
-,-,
Peter Palmieri
Clearwater Flotilla Commander 070:11-0 (
4