JOINT LAND UTILITZATION REVOCABLE LICENSE AGREEMENTJOINT LAND UTILIZATION REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT is made and entered into this f7 day of
, 2014, between the City of Clearwater, whose address is: Attention:
Parks and Recreation Director, Post Office Box 4748, Clearwater, FL 33758 -4748
( "City "), and Pinellas County ( "County "), whose address is: 315 Court Street,
Clearwater, FL 33756 (individually referred to herein as "Party" or collectively as the
"Parties ") .
WHEREAS, the City owns land located at 901 N. Saturn Avenue, known as
Ballfield Maintenance Complex ( "BMC ") described in Exhibit "A "; and
WHEREAS, the County desires to use a small portion, (10 feet by 15 feet) as
shown on Exhibit "A" for mosquito control monitoring purposes; and
WHEREAS, the County desires to continue to use said property for mosquito
control; and
WHEREAS, the Parties wish to enter into a formal agreement to memorialize the
obligations and rights of the Parties for this purpose; and
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged, the parties agree as follows:
1. Premises and Term: In consideration of the public health benefits and other
valuable consideration which is hereby acknowledged, the City hereby grants
to County the non - exclusive right to occupy and use City property as more
particularly described in Exhibit "A ", attached hereto and made a part hereof,
(the "Premises "), subject to the terms and conditions herein set forth,
commencing on August 1, 2014 and expiring on July 31, 2019 ( "Term "),
unless sooner terminated as herein provided. The Term may be extended as
provided for in paragraph 3 below. The Premises shall be used for the sole
purpose of mosquito control monitoring, including the use of sentinel chickens
to identify mosquito borne illnesses which may affect humans and other
animals, and additional areas at other park property, as may be added under
this Agreement by consent and approval of the Parks and Recreation
Director, as designee of the City Council.
2. No Interest in Land: The rights granted to County under this Agreement are
not coupled with an interest in land. It is expressly understood that this
Agreement does not in any way whatsoever grant or convey any permanent
easement, lease, fee or other real property interest in the Premises to the
County. The City specifically reserves the right to grant other rights of entry
over the Property as long as the same do not interfere with the rights granted
to County herein.
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3. Options to Renew: The Director of Parks and Recreation for the City of
Clearwater, as designee of the City, may, by written agreement between the
Parties, extend this Agreement for up to four (4) — five (5) year periods, on the
same terms and conditions as are set forth herein without obtaining additional
approval by the Clearwater City Council. For purposes of this paragraph,
written agreement may include letter form or email notice.
4. Liability /Indemnification. The County and City agree to be fully responsible
for their own acts of negligence, or their respective agents' acts of negligence
when acting within the scope of their employment, and agree to be liable for
any damages resulting from said negligence to the extent permitted by
Section 768.28, Florida Statutes. Nothing herein is intended to serve as a
waiver of sovereign immunity by either the County or City. Nothing herein
shall be construed as consent by the County and City to be sued by third
parties in any manner arising out of this Agreement.
5. Maintenance and Operations. County shall at its sole cost and expense:
a. Maintain the premises in a safe, clean and proper manner.
b. Secure any and all licenses or permits required by any governmental
agency or authority with respect to County's operation of mosquito control.
c. Secure and be responsible for the security of the animal cages on
premise.
d. Not make or permit to be made any alterations, additions or improvements
in the Premises without the prior written consent of City.
e. Not permit any mechanic's lien to be filed against the Premises by reason
of any work, labor, service or materials performed at or furnished to the
Premises.
f. Abide by all rules and regulations established by City, from time to time,
with respect to the use and occupancy of the Premises. All signs used at
the Premises shall be subject to City's prior approval and applicable law.
6. All notices to either party must be sent by either U.S. Mail to the addresses
below:
As City:
City of Clearwater
Director, Parks and Recreation Dept.
P.O. Box 4748
Clearwater, FL 33758 -4748
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As to County:
Pinellas County
315 Court Street
Clearwater, FL 33756
Miscellaneous Provisions
7. City may terminate this Agreement immediately, at will, in City's sole
discretion, with or without cause. This Agreement may also be terminated at
any time upon the mutual written agreement of City and County.
8. County agrees to comply with all local, state, and federal statutes and
ordinances, and is responsible for obtaining all necessary state and local
permits prior to setting up and operating the mosquito control monitoring
station.
9. All advertising or related communications pertaining to City must be pre -
approved in writing by the City.
10. City shall have the right to enter upon the Premises at all times. City shall not
unduly interfere with County's operations.
11. This Agreement 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
Signed in the Presence of:
Approved as to form:
County Attorney
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
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PINELLAS COUNTY
Bv•
Jt.,( ; r�
Mark S. Woodard''
County Administrator
CITY OF CLEARWATER, FLORIDA
BY: 1,0 LQQ[iJ .14 J—ij".
William B. Horne, II
City Manager
Attest:
Rosemarie Call
City Clerk
Exhibit "A"
iff= Approximate location of mosquito control