REVOCABLE LICENSE AGREEMENT FOR COMMERCIAL USE OF CITY OF CLEARWATER PROPERTYREVOCABLE LICENSE AGREEMENT FOR COMMERCIAL USE OF CITY OF
CLEARWATER PROPERTY
This LICENSE AGREEMENT is made and entered into this // day of
_/11 CL , 2016, by and between the CITY OF CLEARWATER, FLORIDA, a Florida
municipal corporation ( "Licensor "), and CLEARWATER BEACH SEAFOOD, INC., a Florida
corporation, whose principal address is 37 Causeway Boulevard, Clearwater, FL 33767
( "Licensee ").
WHERAS, Licensor has executed a Lease Agreement dated jail )11.-2-01V) to
construct and operate a full service restaurant at 37 Causeway; and
WHEREAS, Licensor would like to provide outdoor seating for the aforementioned
restaurant in the area identified herein as the License Premises; and
WHEREAS, the Licensee agrees with Licensor's proposed use of the License
Premises and desires to formalize said use;
NOW, THEREFORE, in consideration of the mutual covenants set forth herein, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
(Whenever used herein the terms "Licensor" and "Licensee" 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 License 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 revocable License to utilize the following
described premises owned by Licensor:
See Exhibit "A" attached hereto and by this reference, made a part hereof (hereinafter,
the "License Premises ").
2. Use of License Premises: Licensee shall have the right and privilege to utilize the
above - described premises solely for outdoor seating for the adjacent Crabby Bill's
Restaurant, which is operated by Licensee.
3. License Term: The parties hereto hereby agree that this License allows Licensee to
occupy the License Premises until the occurrence of any one, or more, of the following,
whichever shall occur first:
a. Material default by Licensee in the performance of any of the terms, covenants or
conditions of this License and /or the Lease Agreement dated , and in
[G M 15- 1371 -016/ 182897/21
-1-
the failure of Licensee to remedy, or undertake to remedy, to Licensor's reasonable
satisfaction such default for a period of sixty (60) days after receipt of Notice from
Licensor to remedy same; or,
b. Receipt by Licensee of written notice from Licensor that Licensor has determined at
its sole discretion that the Licensee shall vacate the License Premises Upon such
notice, Licensee shall have sixty (60) days to vacate the License Premises.
4. At such time as any of the aforementioned events occur, all rights granted herein in
favor of the Licensee shall automatically extinguish and the License Premises shall
revert fully to the Licensor as if this License had never been granted.
5. Liability / Indemnification: Licensor will not accept and explicitly renounces any liability
of any nature for use of the License Premises by the Licensee, its employees, agents,
contractors and invitees. Licensee shall save and hold harmless the Licensor, its
successors and /or assigns, from any and all liability arising from injury to person or
property during the term hereof; provided, however, that Licensor may be liable in any
event, only to the extent permitted by the limits of Florida Statutes 768.28, to Licensee
for any injury to person or property upon the License Premises occasioned wholly or in
part by any negligent act or omission of the Licensor, its employees, agents and
invitees. 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 Licensor to be sued by third parties in any manner
arising from this grant of License.
6. Insurance: Licensee shall procure and maintain during the term of this License
coverage consistent with the requirements detailed in the Lease Agreement dated
and shall provide coverage in the same manner as detailed therein.
7. Other Provisions: Integral to the rights and privileges herein granted, the parties further
agree as follows:
a. Licensee shall at all times maintain the License Premises in compliance with all
applicable City of Clearwater codes.
b. Licensee shall be responsible for direct costs associated with the conducting its
business practices, including but not limited to, all expenses for utilities required, if
any, in the operation and maintenance of the License Premises, and any and all
maintenance required on the License Premises.
c. Licensee, 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.
[GM15- 1371 - 016/182897/2] - 2 -
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 satisfy such obligations.
8. Notice: Any notice given by one party to the other in connection with this License shall
be sent by certified mail, return receipt, with postage and fees prepaid, addressed as
follows:
If to Licensor:
If to Licensee:
City of Clearwater, City Attorney's Office
P. O. Box 4748
Clearwater, Florida 33758 -4748
Clearwater Beach Seafood, Inc.
D /B /A Crabby Bill's Clearwater Beach
Restaurant
37 Causeway Boulevard
Clearwater, Florida 33767
9. 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
License 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 License premises not inconsistent with the license rights herein
conveyed to Licensee are reserved to Licensor. Subject to the terms and conditions
hereof, Licensor shall have the right at its sole discretion to grant such other licenses,
rights or privileges to other persons and entities so long as such grants shall not
unreasonably interfere with rights and privileges conveyed herein to Licensee.
10. 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.
IN WITNESS WHEREOF, the undersigned parties have hereunto affixed their hands
and seals the day and year first above written.
[Signature page to follow.]
[GM15- 1371 - 016/182897/2] - 3 -
SIGNATURE PAGE TO REVOCABLE LICENSE AGREEMENT
Signed, sealed and delivered Clearwater Beach Seafood, Inc.
In the presence of:
`'DV ness signature
JUlia H. Cassino
Print Witness name
signature
3 bl) il1 tt4C
Print Witness name
Countersigned:
ckszAvtgAc
George N. Cretekos, Mayor
Approved as to form: Attest:
Camilo A. Soto Rosemarie CaII, City CI
Assistant City Attorney
By:
Print Name
Title C>QQ
CITY OF CLEARWATER, FLORIDA
By: 10.t ,:� . 1--i
William B. Horne, II, City Manager
[GM 15- 1371 -016/ 182897/2]
-4-
/V. TS.
This is not a survey
Causeway
80' R/W
N85'47551"
85 47 55 E 97.51'
I
I
Point of
Commencement
Northwest Corner
of Lot 13
EXHIBIT "A"
Blvd.
Point of Beginning
N854755 "E 9.99'
— Linetype Legend
Lot Line
Right -of -Way Line
Property Line
Abbreviation Legend
D.B Deed Book
R/W Right -of -Way
Vac. Vacation
585'47'55"W 80.10'
Lot 13
1•
Legal Description of Premises:
Water Lot 1
D.B. 1324 -109
Legal Description:
City Park
Subdivision
Plat Book 23,
Page 37
Lot 12
Commence at the Northwest corner of Lot 13 in "City Park Subdivision ", as recorded in
Subdivision Plat Book 23, Page 37, of the Public Records of Pinellas County, FL., thence
North 85'47'55" East along the North property line of said Lot 13, said line also being the
south right -of -way line of Causeway Boulevard (an 80 -foot right -of -way), for 97.51 feet
to the Point of Beginning; thence North 85'47'55" East along the North property line of Lot
13, for 9.99 feet; thence South 05'07'04" East, along a line parallel to the East line of Lot
13, for 60.00 feet; thence South 85'47'55" West, along a line parallel to the North property
line of Lot 13, for 80.10 feet; thence North 44'51'18" East, for 91.55 feet to the Point of
Beginning.
\Containing 2703 square feet or .06 acres, more or less.
1
CITY OF CLEARWATER
ENGINEERING DEPARTMENT
DRAWN BY
L. Moody
CHECKED BY
T. Mahony
Sketch and Legal
License Area
at Crabby Bill's
SHEET
1 OF
SECT - TWNSP -RNG 8 - 29S -
DWG. NO.
Lg1_2016 -06
DATE DRAWN 4/11/201E