PIANO/PERSONAL PROPERTY LOAN AND USE AGREEMENT•
PIANO /PERSONAL PROPERTY LOAN AND USE AGREEMENT
This AGREEMENT FOR PIANO /PERSONAL PROPERTY LOAN AND USE
( "AGREEMENT "), is made and entered into this vi day of- 441>'u -444m , 2015, by
and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation ( "CRA "), and the CITY OF
CLEARWATER, a Florida municipal corporation, ( "City "), both whose mailing address is 112 S.
Osceola Ave., Clearwater, Florida 33756 -5103 (each individually referred to herein as "Party"
or collectively as the "Parties ").
(Whenever used herein the terms "CRA" and "CITY" shall include all of the parties to this instrument, and heirs,
legal representatives and assigns of individuals, and the successors and assigns of corporations)
WITNESSETH:
1 Loan of Piano: In consideration of City timely and fully complying with the covenants
and conditions herein contained, CRA does hereby grant to City and City hereby
accepts from CRA, a loan to utilize that certain piano ( "Piano ") as further described and
depicted in Exhibit "A ", attached hereto and incorporated herein. No other consideration
is due from the City so long as the City remains active in the CRA's economic
development initiative.
2. Ownership, Location of Piano, Maintenance: The CRA shall retain ownership and
control of the Piano at all times. The City shall have the right and privilege to locate and
utilize the above - described Piano for the purposes of promoting the City's Main Library
( "Library"), engaging the public, and promoting Economic Development in the City's
Downtown Core by allowing use of the Piano at the Library for approved programs and
presentations. A location for the Piano within the Library shall be as agreed upon by the
Parties from time to time. Under no circumstance shall the City remove or relocate the
Piano without written consent of the CRA. Removal or relocation of the Piano by the
City shall constitute a material default hereunder. The CRA shall fund maintenance,
tuning, moving and damage costs of the Piano for the duration of the Agreement. The
CRA retains the right to remove the Piano at its expense, at any time, in its sole
discretion. The CRA shall not be otherwise obligated for any monetary contributions
under this Agreement. The CRA may install an identification plaque or signage
prepared and designed by the CRA, identifying Economic Development purposes for
which the Piano has been installed, or any other information deemed appropriate,
subject to applicable sign codes.
3. Term: This loan of the Piano is granted to City and shall extend until such time as CRA
and City agree to terminate or until the occurrence of any one, or more, of the following,
whichever shall occur first:
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a. City requests, in writing, that the CRA remove the Piano, in which case the CRA
shall have thirty (30) days to remove it, and upon removal, this Agreement shall
terminate; or,
b. Material default by City in the performance of any of the terms, covenants or
conditions of this Agreement, and in the failure of City to remedy, or undertake to
remedy, to CRA's reasonable satisfaction such default for a period of ten (10) days
after receipt of notice from CRA to remedy same; or,
c. At such time as any of the aforementioned events occur, all rights granted herein in
favor of the City shall automatically extinguish and the Piano may be reclaimed by
the CRA immediately.
4. Liability / Indemnification: CRA will not accept and explicitly renounces any liability of
any nature for use of the Piano by the City, its employees, representatives, and invitees.
Third parties, including the public shall be considered invitees for purposes of this
agreement. To the extent permitted by Section 768.28, Florida Statutes, the City shall
save and hold harmless the CRA, its successors and /or assigns, from any and all
liability arising from injury to person or property during the term hereof resulting from the
City's negligence; provided, however, that CRA may be liable for its negligence, only to
the extent permitted by the limits of Florida Statutes 768.28. Nothing contained herein
shall be construed to waive or modify the provisions of Florida Statute 768.28 or the
doctrine of sovereign immunity as to any party hereto. In addition, nothing contained
herein shall be construed as creating third party beneficiaries or as consent by the City
or the CRA to be sued by third parties in any manner arising from this grant of
Agreement.
5. Insurance: City shall procure and maintain during the term of this Agreement,
Comprehensive General Liability Insurance which shall provide:
a. Minimum coverage limits of $500,000 Per Occurrence Combined Single Limit for
Bodily Injury Liability and Property Damage Liability.
b. The policy shall provide coverage for any death, bodily injury, personal injury or
property damage that should arise directly or indirectly from performance under this
Agreement.
c. The insurance coverages and conditions afforded by this policy shall not be
suspended, voided, canceled or modified except after thirty (30) days prior written
Notice by certified mail, return receipt requested, has been given to the CRA.
d. City's obligation to carry the insurance provided herein may be bought within the
coverage of a "blanket policy" of insurance carried and maintained by City, self -
insurance, or a combination of self- insurance and bought insurance; providing,
however, the coverages afforded the CRA shall not be reduced or diminished or
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otherwise be different from that which would have existed under a separate policy
meeting all other requirements of this Agreement.
6. Notice: Any notice given by one party to the other in connection with this Agreement
shall be sent by certified mail, return receipt, with postage and fees prepaid, addressed
as follows:
If to CRA:
If to City:
Rod Irwin, Assistant City Manager
City of Clearwater
P. O. Box 4748
Clearwater, Florida 33758 -4748
Barbara Pickell
Director of Libraries
Clearwater Main Library
100 N. Osceola Ave.
Clearwater, Florida 33755
7 Quiet Enjoyment: Upon observing and performing the covenants, terms and conditions
required by this Agreement, the City shall peaceably and quietly hold and enjoy the
Piano for the term as stipulated herein, without hindrance or interruption by CRA. It is
expressly understood and agreed that all rights of ownership of the Piano not
inconsistent with the rights herein conveyed to City are reserved to CRA. If the City
sponsors or advertises events that involve the use of the piano, the City will list the CRA
as a co- sponsor of the event, if applicable.
8. Entire Agreement: 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 undersigned parties have hereunto affixed their hands
and seals the day and year first above written.
City of Clearwater
By: lO aBLIAA^. /kiwi -y+�c
William B. Horne II, City Manager
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Approved as to form:
Laura Mahony, Assistant Attorney
COMMUNITY REDEVELOPMENT
AGENCY OF TH iTY OF
CLEAR ► _ • IDQ
By:
Rod Irwin, Executive Director
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Rosemarie Call, City 'y -ti $
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