LICENSE AGREEMENTLICENSE AGREEMENT
THIS LICENSE AGREEMENT is made and entered into this I9 day of Aucwst. 2018, by and -tie CITY
OF CLEARWATER, FLORIDA, a Floride.Municipal Corporation, P.O. x 4748, Clearwater, Florida 33758.4748
(herein, "City" Cr"Licensor"), and CLEAFRWATER BEACH SEAFOOD, INC., a Florida corporation, whose principal
address is 37 Causeway Boulevard, ..0 earwater,FL 33767 (herein, "Licensee" ).
WHEREAS, Licensor has executed a tease Agreement dated May 11, 2016 and Licensee -has constructed,
end operetesa.fuit-service restaurant at 37 Causeway Boulevard; and
WHEREAS, Licensee has requested permission from Licensor to commission a mural .(approximately 14`
x 30' in size) on the east faring rear upper exterior of the aforementioned restaurant as depicted in Exhibit "A'
attached hereto and made a part hereof the Leased Premises.
NOW, THEREFORE, in consideration of the covenants herein contained, the Licensor hereby Wants a
license ("License1) to the Licensee to commission said mural on Leased Premises under the following terms and
.conditions.
1. TERM: This License shall commence upon the execution hereof and shall cantina In full force and effect .
to the end of the existing LaassPeriod ("Terra"), unlessterrninated by either party as provided for herein.
2. COMPENSATION: The Licensee, at its sole expense, shalt hire and compensate for ail costs associated
with preparation andlor installation Oldie mural along with any future costs. necessary to keep the mural
intact.
3. PARTIES LIABILITY; Licensor will not accept'liability of any nature for use of the Leased Premises by
the Licensee, its employees, agents, contractors, subcontractors or other invitees, approved or
unapproved reiated:to the installation of the mund. Licensee agrees to assume all risks associated with
installation of the mural on. the Leased Premises and all liability therefore, and shah defend, Indemnify.
and hold harmless the Licensor, its acres, agents and employees from and against any and alt lees,
liability and damages of whatever nature. The previsions of this paragraph shalt survive expiration or
termination-ofthisLicense.
4. TERMINATION: The Licensee or Licensor may terminate this License at any time upon thirty (30) days
vrritten notice to the other party.
5. NOTJCES: Any notice shall be in writing and shall be delivered by email, by hand or seat by United States
registered or certified mail, postage prepaid, addressed as follows:
LICENSOR:
Marine and Aviation Director
City of Clearwater Marine & Aviation Department
P.O. Box 4748
Clearwater, Florida 33758-4748
Ed.Chesnevtitmvelearwater.com
LICENSEE:
Greg Powers, Chief Executive Officer
Clearwater Beach Seafood. inc.
11201 Corporate Circle North, Suite 100
St. Petersburg, Florida 33716
GreeltBSHGRP.com
6. MAINTENANCE: Licensee shall not make any alterations to the mural without the prior written approval from
Licensor. which approval may be withheld at Licensor's sole and exclusive discretion. If the Leased Premises are
destroyed or so damaged by fire or other casualty during the term of the License, this agreement will terminate
7. ENTIRE AGREEMENT: This License, together with any additional Addenda and/or Exhibits attached hereto. shall
constitute the eryire Agreement between the City and Licensee. No other agreements unless incorporated and made a
part herein, shall be Kiting on either party. No amendment or modification of this License shall be effective unless agreed
to in writing by Licensee and Licensor.
T8. he venue for any proceedings brought LE LAW & VENUE, to enforcarties 9ree e thisicet nse is iorida la -w shall n Fineries County in enforcing
lorid Provisions of this License.
9. NO 3RD PARTY RIGHTS: Parties hereto do not intend, nor shall this Agreement be construed to grant any
rights. privileges or interest to any person not a party to this agreement
10. INSURANCE; The Uc.nsee shall, at its own cost and expense, acquire and maintain (and cause contractors and
subcontractors, if applicable, to acquire and maintain) during the installation of this mural, sufficient insurance to
adequately protect the respective interest of the parties. Licensee shall provide thirty (30) days written notice of any
cancellation, nonrenewal, termination, material change or reduction in coverage.
Print Name and Title
Countersigned: Approved as to form:
CITY OF CLEARWATER, FLORIDA
DiAlti:AAAN giviAti7E
William B. Horne 11 Michael Fuino
City Manager Assistant City Attorney
EXHIBIT "A"