LICENSE AGREEMENTLICENSE AGREEMENT
BETWEEN
CITY OF CLEARWATER AND HOPE VILLAGES OF AMERICA
This License Agreement is between the City of Clearwater ("City"), P.O. Box 4748,
Clearwater, Florida, 33758-4748, and the Hope Villages of America ("Organization"),
700 Druid Rd., Clearwater, Florida 33756, (and collectively as "Parties").
WHEREAS, the parking lot located at the North Greenwood Recreation and Aquatics
Facility, 900 N. Martin Luther King Jr. Ave., Clearwater, FL 33755, is public property under
the jurisdiction of the City.
WHEREAS, after evaluating the parking needs of the public and the City, it has been
determined that there is adequate parking for the public and this special use for the
Organization.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein and other good and valuable consideration, the Parties agree as
follows:
1. The City will allow the Organization to utilize the parking lot located at the North
Greenwood Recreation and Aquatics Facility, 900 N. Martin Luther King Jr. Ave.,
Clearwater, FL 33755, as set forth in Exhibit A.
2. The Organization is permitted to utilize the parking lot for a temporary Mobile
Food Pantry and other food distribution services ("Events") only during
mutually agreed upon dates and times between the Parties. The Organization
must provide the City with at least 14 days written advance notice prior to each
Event.
3. The Organization will not have exclusive use of the entire parking lot but will
have a preferred designated area during the Events.
4. This Agreement shall become effective upon being fully executed by the
Parties and continue until December 31, 2023.
5. The Organization will be responsible for all costs and expenses of the Mobile Food
Pantry and other food distribution services.
6. The Organization shall promptly comply with all statutes, ordinances, rules,
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orders, and regulations. The City will monitor and enforce parking rules
consistent with this Agreement and any other lawful authority.
7. The City or Organization may terminate this Agreement without cause at any time
upon giving ten days written notice to the other party.
8. The Organization shall save, indemnify, and hold harmless the City, its officers,
employees, and representatives, from any and all liability arising from claims, suits,
or judgments for death, personal injury, bodily injury, or property damage on
account of the negligent or willful acts of the Organization, its employees,
volunteers, and representatives, having in any way caused such liability in
connection to the use of the City's property. Nothing contained herein shall be
construed to waive or modify the provisions of F.S. Sec. 768.28 or the doctrine of
sovereign immunity as to the City. Additionally, nothing contained herein shall be
construed as creating third party beneficiaries or as consent by the City to be sued
by third parties in any manner arising from this Agreement.
9. The Organization's use of the parking lot is at the sole risk of the Organization, its
independent contractors, agents, servants, employees, guests, invitees, or other
persons making legal and proper use of the parking lot. The City shall not be liable
or responsible for the care or protection of vehicles and contents, or for any Toss
of damage or whatever kind of nature to said vehicle, nor shall the City be
responsible for injuries to persons occurring at the parking lot during the Events,
except for when such Toss, damage, or injury is due to the negligent conduct of the
City. There is no guarantee or warranty of any kind as to the condition of the
parking lot.
10.The Organization, its independent contractors, agents, servants, employees,
guests, invitees, or other persons making legal and proper use of the parking lot
shall assume the duty to report all accidents to the City's Parking Manager or the
City's designee.
11.Throughout this Agreement, the Organization shall maintain Comprehensive
General Liability, Workers Compensation, and Automobile Insurance, and
shall furnish a Certificate of Insurance to the City upon request. The
Organization shall add the City as an additional insured to its General Liability
policy. The Organization will provide documentation of the general liability
coverage prior to the first scheduled Event.
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12.This Agreement shall be deemed to be a use agreement of a revocable, non-
exclusive license and shall not be deemed as to confer upon the Organization any
interest in the City's property. The Organization agrees and shall not obtain any
prescriptive rights, easements, or other legal or equitable interest in North
Greenwood Recreation and Aquatic Facility or any premises of the City by reason
or the execution of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the below -
referenced dates.
HOPE VILLAGES OF AMERICA
Melinda Perry, Interim CEO
Chief Operating & Administrative Officer
CITY OF CLEARWATER, FLORIDA
Jennifef'Pbirrier
Acting City Manager
Approved as to form: Attest:
Owen Kohler
Lead Assistant City Attorney
Vialia
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Rosemarie Call
City Clerk
ATTACHMENT A
AERIAL MAP
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Prepared by:
Department of Public Works - Engineering
Geographic Technology Division
100 S. Myrtle Ave, Clearwater, FL 33758
Ph: (727)582-4750, Fax: (727)526-4755
www.MyClearwater.com
North
Hope Villages
Facility
Greenwood
Parking
Recreation Center
Lot Use Agreement Exhibit
Truck Parking , 71 Food Bank Parking
N
W
S
Scale: N.T.S.
E
Parking ME Food
Map Gen By: KT Reviewed By: KM
Aerial Flown 2021
Date: 1/11/2023
Page: 1 of 1
Document Path: C::Users\Kelsey.Troyer\C ty of Clearwater\ Engineering Geographic Technology - Documents\GIS \EngineeringlLocation Maps \N. Greenwood Recreation Perking \N. Greenwood Recreation Perking.eprx