REVOCABLE LICENSE AGREEMENTREVOCABLE LICENSE AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT (herein, "License ") made this '' day of
iLQ , 2015 by and between the CITY OF CLEARWATER, FLORIDA, a Florida
Mu icipal Corporation ( "Licensor "), and the DIOCESE OF ST. PETERSBURG, INC., a Florida
non - profit corporation, whose current principal address is 6363 Ninth Avenue North, St.
Petersburg, Florida 33710 ( "Licensee ");
(Whenever used herein the term "Licensor" and "Licensee" shall include all of the parties to this agreement and heirs, legal representatives
and assigns of the parties, individuals, and the successors and assigns of corporations)
WITNESSETH:
WHEREAS, Licensor is the owner in fee title to certain lands identified by the Pinellas
County Property Appraiser as Parcel Identification Number 15/29/15/00000/140 /0200, a
portion of which is herein referred to as the Licensed Premises; and
WHEREAS, Licensee is planning construction on certain lands lying adjacent to the
Licensed Premises (herein, Licensee's Construction Project) which will temporarily displace a
portion of Licensee's parking spaces; and
WHEREAS, Licensee has requested use of the License Premises to accommodate
Licensee's displaced parking until such time as Licensee's Construction Project is complete;
and
WHEREAS, Licensor is agreeable to granting Licensee the privilege and exclusive use
of the Licensed Premises for the uses authorized herein.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and
other good and valuable consideration, the receipt of which are hereby acknowledged, the
Parties agree as follows:
1. LICENSED PREMISES: In consideration of Licensee timely and fully complying with the
covenants and conditions herein contained, Licensor does hereby grant to Licensee and
Licensee hereby accepts from Licensor, a non - exclusive License to occupy and utilize a
portion of Pinellas County Parcel Identification Number 15/29/15/00000/140 /0200 owned by
Licensor ( "Licensed Premises ") and depicted in Exhibit "A ", attached hereto and by this
reference made a part hereof.
This License is not coupled with an interest and conveys no property interest whatsoever.
2. TERM: This License is granted and shall extend from the execution hereof (Effective
Date) through June 15, 2015 or until the completion of Licensee's Construction Project,
whichever occurs first, but in no event shall License extend past June 15, 2015, unless an
extension is approved by Licensor as provided for herein. If Licensee's Construction
Project is not complete by June 15, 2015, Licensee may request to Licensor, in writing, a
[A04 -1313R /166127/1] Page 1 of 5
one -month extension of this License. Upon Licensor's written approval, this License may
be extended through July 15, 2015.
3. USE AND MAINTENANCE: Licensee accepts Licensed Premises "as is." Licensor shall
have no obligation whatsoever to make improvements to the Licensed Premises prior to, or
during, the Licensee's occupation. Licensee covenants and agrees with Licensor that
Licensee shall not use the Licensed Premises for any other purpose other than the right to
park vehicles. Licensee further agrees that Licensee shall make no unlawful, improper or
offensive use of the Licensed Premises, and shall always maintain the Licensed Premises
in compliance with all applicable City of Clearwater codes; and shall quit and deliver up the
said premises at the end of the License term, in as good condition as existed upon the
Effective Date hereof. Licensee shall make no improvements to the Licensed Premises, or
otherwise encumber the Licensed Premises, without the express written consent of duly
authorized Licensor officials.
4. LIABILITY AND INDEMNIFICATION: Licensor will not accept and explicitly
renounces any liability of any nature for use of the Licensed Premises by the Licensee, its
employees, agents, contractors, subcontractors or other invitees, approved or unapproved.
Licensee agrees to assume all risks of use and occupation of the Licensed Premises and
all liability therefore, and shall defend, indemnify, and hold harmless the Licensor, its
officers, agents and employees from and against any and all loss, liability and damages of
whatever nature, arising from injury to persons or property during the term hereof,
occasioned by Licensee's negligent or willful misconduct, including, without limiting the
generality of the foregoing, death of any person and loss of the use of any property except
arising from the negligence or willful misconduct of Licensor or Licensor's agents or
employees. This includes, but is not limited to, matters arising out of or claimed to have
been caused by or in any manner related to the Licensed Premises or Licensee's activities
or those of any approved or unapproved invitee, contractor, subcontractor, or other person
approved, authorized, or permitted by Licensee on, in or about the Licensed Premises,
whether or not based on negligence. The provisions of this paragraph shall survive
expiration or termination of this License.
5. INSURANCE: Licensee agrees to comply with all terms, provisions and requirements
contained in Exhibit °B" attached hereto and by this reference, made a part hereof as if said
document were fully set forth at length herein.
6. ENVIRONMENTAL RESPONSIBILITIES: Licensee, at its 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
on or about the Licensed Premises. However, Licensee shall have no liability or
responsibility for removal or remediation of any hazardous or toxic substances or
underground storage tanks or any underground structures or conditions, if any, existing
prior to the grant of this License, or coming onto the Licensed Premises by actions of
parties other than Licensee, its agents, contractors, subcontractors, employees and
invitees, during the term or any extension hereof.
[A04 -1313R /166127/1] Page 2 of 5
7. DEFAULT / TERMINATION. Either party may terminate this License upon providing the
other party not less than ten (10) days written notice of its intent to terminate. Such Notice
shall be deemed to have been given when mailed, postage paid, personally delivered or
sent via email.
8. NOTICE: Any notice shall be in writing and shall be delivered by hand or sent by United
States certified mail, postage prepaid, by email or by overnight courier and addressed as
follows:
Licensor
Ekaterini Gerakios -Siren
Community Development Manager
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758 -4748
Ekaterini. Gerakios- Siren(a)MyClearwater.com
With a copy to:
City Attorney
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758 -4748
Pam. Akina,MyClearwater.com
Licensee
Father Dermot Dunne, Pastor
St. Cecelia Interparochial Catholic School
1350 Court Street
Clearwater, FL 33756
vawostbrock @st- ceceiia.orq
Such addresses may be changed from time to time by either party by giving notice as provided
above. Notice shall be deemed given when delivered (if delivered by hand), when sent by
email or when postmarked if sent U. S. Mail, certified, return receipt requested.
9. DISCLAIMER OF WARRANTIES: This License constitutes the entire agreement of the
parties regarding the Licensed Premises described herein, and my not be changed,
modified or discharged except by written amendment duly executed by both parties.
Licensee agrees that no representations or warranties shall be binding upon Licensor
unless expressed in writing herein or a duly executed amendment hereof. Further,
Licensor does not warrant and hereby disclaims any and all liability and responsibility for or
on account of the condition of the Licensed Premises, or any portions thereof, or for or on
account of anything affecting such conditions.
10.ASSIGNMENT: This License, or any right or interest granted herein, may not be
assigned, transferred or sub - licensed by Licensee without the consent of the Licensor,
which may be granted or withheld at Licensor's sole discretion. It is mutually understood
that Licensor may, at any time, with notice, assign or delegate any or all of its rights
hereunder.
[A04 -1313R /166127/1] Page 3 of 5
11.QUIET ENJOYMENT: Upon observing and performing the covenants, terms and
conditions required by this License, the Licensee shall peaceably and quietly hold and
enjoy the Licensed Premises for the indeterminate term as stipulated herein, without
hindrance or interruption by Licensor. It is expressly understood and agreed that all rights
of ownership of the Licensed Premises not inconsistent with the license rights herein
conveyed to Licensee are reserved to Licensor.
12. ENTIRE AGREEMENT: This License 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.
13.OTHER PROVISIONS: Integral to the rights and privileges herein granted, the parties
further agree as follows:
a. Licensee shall at all times maintain the Licensed Premises in compliance with all
applicable City of Clearwater codes.
b. Licensee shall be responsible for direct costs associated with the conducting of its
activities, including but not limited to, all expenses for utilities required, if any, in the
operation and any and all maintenance required on the Licensed Premises.
c. Licensee shall comply with all applicable Federal, State and Local law.
d. If this License, or its operation, shall create any ad valorem or other tax obligations,
it shall be incumbent solely upon Licensee to timely discharge same.
e. The venue for any proceedings brought to enforce this License shall be in Pinellas
County, Florida.
f. The Parties hereto do not intend nor shall this License be construed to grant any
rights, privileges or interest to any person not a party to this License.
The Remainder of This Page Intentionally Left Blank
[A04 -1313R /166127/1] Page 4 of 5
IN WITNESS WHEREOF, the „arties hereto, being duly empowered and authorized, have set
their hands and seals this Ad"' day of (/Ad , 2015.
Signed, sealed and delivered DIOCESE OF ST. PETERSBURG, INC.
In the presence of: a Florida non - profit corporation
WITNESS signature
M4' M012.R.4LA. AUSSel -4-■
Type /Print Witness Name
WITNESS signature
Type /Print Witness Name
Countersigned:
Approved as to form:
L a Lipowski Mahony
Assistant City Attorney
[A04 -1313R /166127/1]
By: 4,1.2d" -N- .,.4..
DI-# o"1 t.44P /4-rvie. /P4r
Print Name/Title
CITY OF CLEARWATER, FLORIDA,
a Florida Municipal Corporation
BY: tdatiti,% . /jJ
William B. Horne, II, City Manager
Attest:
Rosemarie CaII, City Clem'
Page 5 of 5
Certificate of Coverage Date:4 /21/2015
Certificate Holder
Diocese of St. Petersburg, FL and Most Reverend Robert N.
Lynch, D.D., as Bishop of St. Petersburg, His Successors in
Office and Most Reverend Robert N. Lynch, Individually,
Chancery Office, P.O. Box 40200, St. Petersburg, FL 33743
This Certificate is issued as a matter of information only and
confers no rights upon the holder of this certificate. This certificate
does not amend, extend or alter the coverage afforded below.
Company Affording Coverage
THE CATHOLIC MUTUAL RELIEF
SOCIETY OF AMERICA
10843 OLD MILL RD
OMAHA, NE 68154
Covered Location
St. Cecelia School
1350 Court Street
Clearwater, FL 33756
Coverages
This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate
indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this
certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and
conditions of such coverage. Limits shown may have been reduced by paid claims.
Type of Coverage
Certificate Number
Coverage Effective
Date
Coverage Expiration
Date
Limits
Property
Real & Personal Property
D. General Liability
8485
4/10/2015
4/10/2016
Each Occurrence
1,000,000
General Aggregate
2,000,000
✓ Occurrence
Products - Comp /OP Agg
Claims Made
Personal & Adv Injury
Fire Damage (Any one fire)
Med Exp (Any one person)
Excess Liability
Each Occurrence
Annual Aggregrate
Other
Each Occurrence
Claims Made
Annual Aggregrate
Limit/Coverage
Description of Operations /Locations/Vehicles /Special Items (the following language supersedes any other language in this endorsement or the Certificate in
conflict with this language)
Coverage only extends for claims arising out of St. Cecelia School's parking agreement with the City of Clearwater, from April 21, 2015
through June 15, 2015.
Holder of Certificate Cancellation
Additional Protected Person(s)
City of Clearwater
Attn: Ekaterini Gerakios -Siren
P.O Box 4748
Clearwater, FL 33758 -4748
Should
before
endeavor
certificate
impose
its agents
any of the above described
the expiration date thereof,
to mail 30
coverages be cancelled
the issuing company will
days written notice to the holder of
but failure to mail such notice shall
of any kind upon the company,
named to the left,
no obligation or liability
or representatives.
Authorized Representative
///
/ / .
..--4.-4„.
0349003 804 I
ENDORSEMENT
(TO BE ATTACHED TO CERTIFICATE)
Effective Date of Endorsement: 4/21/2015
Cancellation Date of Endorsement: 6/16/2015
Certificate Holder: Diocese of St. Petersburg, FL and Most Reverend Robert N. Lynch, D.D., as Bishop of
St. Petersburg, His Successors in Office and Most Reverend Robert N. Lynch,
Individually, Chancery Office, P.O. Box 40200, St. Petersburg, FL 33743
Location:
St. Cecelia School
1350 Court Street
Clearwater, FL 33756
Certificate No. 8485 of The Catholic Mutual Relief Society of America is amended as follows:
SECTION II - ADDITIONAL PROTECTED PERSON(S)
It is understood and agreed that Section II - Liability (only with respect to Coverage D - General
Liability), is amended to include as an Additional Protected Person(s) members of the organizations shown
in the schedule, but only with respect to their liability for the Protected Person(s) activities or
activities they perform on behalf of the Protected Person(s).
It is further understood and agreed that coverage extended under this endorsement is limited to and
applies only with respect to liability assumed by contract or agreement; and this extension of
coverage shall not enlarge the scope of coverage provided under this certificate or increase the limit
of liability thereunder. Unless otherwise agreed by contract or agreement, coverage extended under
this endorsement to the Additional Protected Person(s) will not precede the effective date of this
certificate of coverage endorsement or extend beyond the cancellation date.
Schedule - ADDITIONAL PROTECTED PERSON(S)
City of Clearwater
Attn: Ekaterini Gerakios -Siren
P.O Box 4748
Clearwater, FL 33758 -4748
Remarks (the following language supersedes any other language in this endorsement or the Certificate in
conflict with this language):
Coverage only extends for claims arising out of St. Cecelia School's parking agreement with the City of
Clearwater, from April 21, 2015 through June 15, 2015.
Authoriz Representative
PKS- 122(10 -11)