REVOCABLE LICENSE AGREEMENT - PLUMB HOUSER
REVOCABLE LICENSE AGREEMENT PLUMB HOUSE
THIS REVOCABLE LICENSE AGREEMENT is made and entered into on this0
day June, 2022, by and between the CLEARWATER HISTORICAL SOCIETY, a non-profit
corporation, (hereinafter referred to as "Society" of "Licensee") and the CITY OF
CLEARWATER, FLORIDA (hereinafter referred to as "City" of "Licensor"), and collectively as
"Parties".
WHEREAS, the Society is a non-profit corporation which owns a structure known as the
"Plumb House"; and
WHEREAS. the "Plumb House" is an historical landmark which has been listed as an
historical house with the Department of State, Division of Archives, History and Records
Management on the State of Florida Master Site file; and
WHEREAS, since 1983, the structure has been located on real property owned by the City
known as Ed C. Wright Park, pursuant to various revocable license agreements between the
Society and City; and
WHEREAS, the existing Revocable License Agreement between the Society and City
expires on June 30, 2022; and
WHEREAS, the Society and the City desire that the License continue for another fifteen
(15) year term under the same terms and conditions as the exiting License Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the Parties agree that the above terms, recitals, and
representations are true and accurate and are incorporated herein by reference, and the Parties
further agree as follows:
1. Purpose: The purpose of this License Agreement is to continue to provide a location
for the historical house, "Plumb House" in Ed C. Wright Park. All uses made of the Plumb House
shall be in conformance with the deed restrictions contained in the Ed C. Wright Park Deed
recorded in Official Records Book 1546, page 521, Public Records of Pinellas County, Florida, as
may be applicable.
2. Term: The term of this Agreement shall be for a period of fifteen (15) years which
begins on July 1. 2022 and ends on June 30, 2037. The City, at its convenience, may revoke this
License Agreement by giving ninety (90) days written notice.
3. House Maintenance: At its expense, the Society agrees to maintain the house in a
safe and sanitary condition in conformance with all applicable laws, and to continue to keep the
house restored as nearly as possible to its original condition.
4. Public Access: The Society shall make the Plumb House available to the general
public for tours on a semi-monthly basis in accordance with a schedule to be established by the
Society. Additionally, the Society shall have individuals available at said tours to discuss the
history of the Plumb House and the history of the City with those members of the general public
desiring such information.
Prior to the Plumb House being available to the general public for access, the Society or its
assigns. agrees to repair and restore the Plumb House to a safe and sanitary condition and in
conformance with all applicable laws. The City may inspect the Plumb House to ensure
compliance with this section prior to general public access.
5. Landscaping: At its expense, the Society shall provide all landscaping in the
immediate vicinity of the house. The landscaping shall be of a type designated and approved by
the City's Park and Recreation Department.
The City shall maintain the real property immediately surrounding the house including all
landscaping (lawn, shrubs and other landscaping).
6. Parkins: The Society members and its guests may use the existing parking facilities
at Ed C. Wright Park or Ross Norton Park.
7. Utilities: At its expense, the Society shall pay all monthly charges for all utilities
including water, electric and telephone.
8. Indemnity and Hold Harmless: The Society agrees to indemnify and hold the City,
including its officers, agents, and employees, harmless from any claims, losses, lawsuits or injuries
for all claims arising out of the restoration, maintenance and use of the Plumb House at Ed C.
Wright Park.
Nothing contained herein is intended to serve as a waiver by the City of its sovereign
immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida
Statutes. or be construed as consent by the City to the sued by third parties.
9. Insurance: The Society will, at its own expense, acquire and maintain during the
term of this Agreement, sufficient insurance to adequately protect the interests of the parties.
Specifically, the Society must carry the following minimum types and amounts of insurance on an
occurrence basis or in the case of coverage that cannot be obtained on an occurrence basis, then
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coverage can be obtained on a claims-made basis with a minimum three (3) year tail following the
termination or expiration of this Agreement.
a. Commercial General Liability Insurance coverage, including but not limited to,
premises operations, products/completed operations, products liability, contractual
liability, advertising injury, personal injury, death, property damage, and sexual
molestation and abuse in the minimum amount of $1,000,000 (one million dollars)
per occurrence and 52,000,000 (two million dollars) general aggregate.
b. Commercial Automobile Liability Insurance coverage for any owned, non-owned.
hired or borrowed automobile is required in the minimum amount of $1,000.000
(one million dollars) combined single limit.
c. Unless waived by the State of Florida, statutory Workers' Compensation Insurance
coverage in accordance with the laws of the State of Florida, and Employer's
Liability Insurance in the minimum amount of $100,000 (one hundred thousand
dollars) each employee each accident, $100,000 (one hundred thousand dollars)
each employee by disease and $500,000 (five hundred thousand dollars) aggregate
by disease with benefits afforded under the laws of the State of Florida.
d. If the Society is using its own property, or the property of the City or other provider.
in connection with the performance of its obligations under this Agreement, then
the Society's Equipment Insurance or Property Insurance on an "All Risks" basis
with replacement cost coverage for property and equipment in the care, custody and
control of others is required.
e. Prior to the execution of this Agreement, and then annually upon the anniversary
date(s) of the insurance policy's renewal date(s) for as long as this Agreement
remains in effect, the Society furnish the City with a Certificate of Insurance(s)
evidencing all of the coverage set forth above and naming the City and Society as
an "Additional Insured." In addition, when requested in writing from the City, the
Society will provide the City with certified copies of all applicable policies.
10. Notices: All required notices and correspondence shall be sent by certified mail to
the following addresses:
City: City Manager
P. 0. Box 4748
Clearwater, FL 34618
Society:
Allison Dolan, President
Clearwater Historical Society
P. O. Box 175
Clearwater, FL 33757
11. Toxic or Hazardous Substances: The Society covenants and agrees not to bring
upon, store or generate upon the City's property or the structure itself any substance classified by
state or federal government authority as a toxic or hazardous material. The Society further agrees
that it shall comply with all governmental and other laws, rules, regulations, codes, statutes
including, but not limited to federal, state, county and municipal as they relate to storage, use and
disposal of any substance whether toxic or non-toxic, whether such substance is a manufactured
or man-made substance and whether the same is a natural substance or man-made.
12. Improvements: The house, its fixtures and all other permanent improvements made
by the Society at Ed C. Wright Park shall become the property of the City of Clearwater upon the
termination or revocation of this Agreement.
13. Assignments: The Society may not assign any privileges granted under this License
Agreement without written approval by the City.
14. The Parties do hereby covenant and agree that no person shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
the premises on the basis of race, color, religion, sex, national origin, disability, or any other
protected class under federal, state, and local law.
15. The Society agrees to comply with all laws, rules, requirements, orders, directives,
codes, ordinances and regulations of governmental authorities and agencies and of insurance
carriers during the life of this Agreement. The Society agrees to obtain all necessary permits in
accordance with applicable City Code of Ordinances and Florida State law. The Society shall be
responsible for conducting Level I or 11 criminal background checks for its employees and/or
volunteers, as may be required by law.
16. No Property Rights: This Agreement shall be deemed to be a use agreement of a
revocable license and shall not be deemed to be a lease or conveyance of any real property rights
nor shall this Agreement constitute an agreement for the use of real property that would subject
the Parties to the provisions of any statute regarding landlord and tenant rights. The Society agrees
and shall not obtain any prescriptive rights, easements, or other legal or equitable interest in the
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City's property or any premises of the City by reason of the execution of this Agreement, or by
compliance with the terms thereof. The granting of this license does not vest in the Society any
interest in the City's Property or any premises of the City which may be mortgaged, encumbered,
or liened, and no action of the Society shall cause or create any interests in real estate or any
encumbrance upon any such real property.
IN WITNESS WHEREOF, the Parties have caused their duly authorized officers to execute this
License Agreement on the day and year first above written.
Countersigned:
Approved as to form:
Owen Kohler
Lead Assistant City Attorney
CLEARWATER HISTORICAL SOCIETY, INC.
By:(
President
CITY OF CLEARWATER, FLORIDA
fGa
Jon Jennings
City Manager
Attest:
. Gift
Rosemarie CaII
City Clerk
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