LICENSE AGREEMENTLICENSE AGREEMENT
THIS LICENSE AGREEMENT is made and entered into this _ day of , 2026,
by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, P.O. Box
4748, Clearwater, Florida 33758-4748 (herein, "City" or Licensor), and TAMPA BAY RAPTOR
RESCUE, a 501 C3 not for profit organization (herein, "TBRR" or "Licensee") (collectively "Parties").
WHEREAS, the property at 2750 Park Trail Lane, Clearwater, FL 33759, hereafter the
"Property," is public park property under the jurisdiction of the City of Clearwater, Florida; and
WHEREAS, the City identifies the Property as the Moccasin Lake Environmental Education
Center also known as Moccasin Lake Nature Park; and
WHEREAS, the TBRR agrees to operate and maintain, a bird of prey program within the
Property.
NOW, THEREFORE, in consideration of the covenants herein contained, the City hereby
grants a License to the TBRRforthe purposes of operating and maintaining the Bird of Prey program
located within the Property.
1. TERM: This License shall be fora period of five (5) years, commencing on February xx, 2026
and continuing until February xx, 2031, unless terminated by either party as provided for herein.
This License shall automatically renew for an additional five-year period unless terminated by
either party as provided for herein.
2. USE OF LICENSED PREMISES: The TBRR shall have use of the existing bird of prey
enclosures and supporting program space within the Property, hereafter the "Licensed
Premises." See attached Exhibit A for description of Licensed Premises.
This License shall not confer upon •the Licensee ownership interest in the Property or
Licensed Premises. 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 Licensee
agrees and shall not obtain any prescriptive rights, easements, or other legal or equitable
interest in the 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 Licensee any interest in the City's Property or any premises of the City which may
be mortgaged, encumbered, or Iiened, and no action of the Licensee shall cause or create
any interests in real estate or any encumbrance upon any such real property.
Parties' independent contractors, agents, servants, employees,guests, invitees, or other
persons making legal and proper use of the Property, shall promptly comply with all statutes,
ordinances, rules, orders, regulations, and requirements of any governmental agency with
authority over the Property.
3. TBRR DUTIES AND RESPONSIBILITIES: The TBRR shall operate and maintain the Bird of
Prey Program at the Licensed Premises. The enclosures and supporting space will remain
1
assets of the City of Clearwater. The State of Florida Fish and Wildlife Commission and the
U.S. Fish and Wildlife Service recognizes the City of Clearwater Moccasin Lake Park as a
nature park and as such operates as an exempt facility under Title 50 Chapter 1 Subchapter
B Part 21.12 of the rules proposed by the Fish and Wildlife Services, thus allowing the birds
of prey to reside at Moccasin Lake Park.
a) The TBRR shall be responsible for all animal care, including all associated costs.
b) The TBRR will ensure that the program is operated by properly trained employees or
volunteers and that Licensee has provided any necessary and appropriate technical,
safety and operational training for its volunteers to carry out operations in a safe manner.
By entering into this License Agreement, Licensee represents that each volunteer has
specific technical, safety, and operational training.
c) The TBRR will provide educational programming for the general public in addition to
the exhibits on a regular basis at the Property, but no less than once a month.
d) All volunteers and employees of the TBRR will ensure that all volunteers are cleared
through Clearwater's Volunteer program which includes a Local Law Enforcement
Background check. For those specific volunteers or employees who work or will work
with children, the elderly or disabled, TBRR will request a LEVEL II background
screening to be performed.
e) The TBRR shall maintain all Bird of Prey program equipment and perform regular
maintenance and cleaning of the interior of the animal enclosures. The TBRR will provide
appropriate security for the animal enclosures. Any alteration or additions to enclosures
or animal inventory require written approval from the Parks and Recreation Manager.
Any written requests to add animal inventory must include a plan that describes the
impact the new animal will have on the facility and staff including: where the animal
will be housed, an annual estimate on the number of hours of care the animal will
require, an annual cost for food and care of the animal and how TBRR will coverthese
costs.
f) The TBRR will acquire and maintain all applicable required Bird of Prey
Licenses/Permits and be responsible for compliance thereof.
The TBRR will provide an Annual Report of activities due for the previous calendar
year, no later than February 28th of the following year. The TBRR will also provide a
monthly report that includes monthly expenses and revenues, a monthly inventory of
birds along with a reporting of volunteers' hours performed on site.
g)
h) The TBRR will report any injuries or accidents that occur at the Property or Licensed
Premises immediately to the Park Supervisor and assist in the completion of any
applicable injury report.
4. COSTS OF OPERATIONS: Licensee shall pay all costs of its day-to-day operations, including,
but not limited to, any costs resulting from facility/amenity upgrades requested by TBRR,
including signage, which must be authorized by the City in writing. Parties will agree to work
together to formulate a Tong -term plan for upgrades and maintenance on site for operations.
2
5. CITY DUTIES RESPONSIBILITIES: To support the program, the City will be responsible for the
following:
a) Provide space to support the program to include dedicated space in the kitchen, laundry
room, volunteer breakroom, and TBRR office area as portrayed in Exhibit B.
b) Provide gravel for the interior of the animal enclosures as requested.
c) Process background screening as required for volunteers.
d) Fund utilities (electricity and water) on site at time of agreement.
e) Provide maintenance and cleaning as needed to the exterior of the animal enclosure
including tree trimming.
6. INDEPENDENT CONTACTOR: This License does not create a partnership, joint venture, or
any affiliation other than Licensor and Licensee. The Licensee agrees that persons employed
by Licensee for purposes related to the installation, operation or other purposes under this
License are not em ployees of the Licensor for any purpose whatsoever, including unem ployment
tax, social security contributions, incometax withholding or workers com pensation, whetherstate
or federal. Licensee agrees to pay and be solely responsible for all applicable taxes, both state
and federal, in connection with its operations and the License Fee paid by Licensee to Licensor.
7. PROGRAM PROMOTION: To support the efforts of the program, the City will promote the
program through the Public Communication methods available such as the City's social media,
website and MyClearwater Magazine. TBRR is responsible for providing the Park Supervisor
with information on upcoming events and programs.
8. PROPERTYACCESS: The City will grant access and a gate code to the Property and Licensed
Premises for registered and screened volunteers of the TBRR. Access request must be made in
writing to the Park Supervisor. The TBRR must notify the Park Supervisor when the volunteer is
no longer part of the program.
9. PROGRAM ACCESS TO OTHER SPACE: The TBRR will be provided access to other space
on the Property for the purpose of meetings and programs provided the space is available.
Request for use of other space for programming shall be made to the Park Supervisor at least
seven days in advance.
10. ASSUMPTION OF RISK: The Licensed Premises and the Property, as a whole, are to be used
at the sole risk of the Licensee, Licensee's independent contractors, agents, servants,
employees, guests, invitees, or other persons making legal and proper use of the designated
spaces, and the City of Clearwater shall not be liable or responsible for the care or protection of
vehicles and contents, or for any loss of damage or whatever kind of nature to said vehicle,
howsoever occasioned. There is no guarantee or warranty of any kind as to the condition of the
designated spaces, nor shall the City be responsible for injuries to persons or property occurring
thereon for any reason whether herein specifically stated or not.
3
Licensee, Licensee's independent contractors, agents, employees, guests, invitees, or other
persons making legal and proper use of the Property shall assume the duty to report all activities
to Park's Supervisor.
11. TERMINATION: Either party may terminate this License for any reason at any time upon (90
days written notice) to the other party. Upon termination notice, City staff will provide TB RR with
a list of birds that will stay in the park, TBRR shall remove/transfer all remaining birds to other
facilities within 90 days.
12. NOTICES: Any notice shall be in writing and shall be delivered by hand or sent by United States
registered or certified mail, postage prepaid, addressed as follows:
CITY:
Recreation Manager
City of Clearwater Parks and Recreation Department
P.O. Box 4748
Clearwater, Florida 33758-4748
TBRR:
President
Tampa Bay Raptor Rescue
3019 Bradford Circle Palm Harbor, FL 34685
13. ASSIGNMENT AND SUBLETTING: Neither party hereto may assign or sublet its rights
hereunder without the prior written consent of the other party.
14. OTHER PROVISIONS: Integral to the rights and privileges herein granted, the parties further
agree as follows:
a) Parties shall comply with all applicable Federal, State and Local laws and ordinances.
b) Should any provision of this License or any of the Exhibits attached hereto be deemed by
a Court of competent jurisdiction to be unenforceable, such determination shall not affect
the enforceability of the remaining provisions.
15. MAINTENANCE: Licensee shall not make any improvements, alterations or add any structures
to the Property or Licensed Premises without the prior written approval of the City, which approval
may be withheld at City's sole discretion.
City shall not be required to make any repairs of animal enclosures, or other structures not
deemed necessary by the City. City acknowledges that repairs are deemed necessary repairs
when performed to comply with Federal, State, and Local laws.
Any major appliances (washer, dryer, full-sized refrigerator and freezer) that are onsite are
the property of the City and will be repaired and/or replaced in the event of a malfunction due
4
to normal use. TBRR will be responsible for cleaning these appliances and notifying staff of
any needed repairs. TBRR will be responsible for repairing and replacing all other small
appliances in the kitchen area.
16. ENTIRE AGREEMENT: This License, together with any additional Addenda and/or Exhibits
attached hereto, shall constitute the entire Agreement between the City and Licensee. No other
Agreements unless incorporated and made a part herein, shall be binding on either party. No
amendment or modification of this License shall be effective unless agreed to in writing by
Licensee and the City.
17. APPLICABLE LAW& VENUE: The Parties agree that Florida Statutes shall apply in enforcing
provisions of this License and waive trial by jury in any action or proceeding brought to enforce
the terms of this License. The venue for any proceedings brought to enforce this License is in
Pinellas County, Florida.
18. NO THIRD -PARTY RIGHTS: The 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.
19. INSURANCE: The TBRR shall, at its own cost and expense, acquire and maintain (and cause
any subcontractors, representatives, or agents to acquire and maintain) during the term with the
City, sufficient insurance to adequately protect the respective interest of the parties. Coverage
shall be obtained with a carrier having an AM Best Rating of A -VII or better. In addition, the City
has the right to review the Licensee's deductible or self-insured retention and to require that it be
reduced or eliminated.
Specifically, the Licensee 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 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, bodily
injury, personal injury, death, property damage, advertising liability, premises operations,
products/completed operations, severability of interest, and contractual liability in the
minimum amount of $1,000,000 (one million dollars) per occurrence and $2,000,000 (two
million dollars) general aggregate with Medical Payments in the minimum amount of
$10,000 (ten thousand dollars).
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) Require Waivers of all non -city em ployees or volunteers releasing the city from all claims
for bodily injury or property damage with volunteering for TBRR. (Legal to proof.).
The above insurance limits may be achieved by a combination of primary and
umbrella/excess liability policies.
5
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, TBRR will
furnish the City with a Certificate of Insurance(s) (using appropriate ACORD certificate, SIGNED
by the Issuer, and with applicable endorsements) evidencing all of the coverage set forth above
and naming the City as an "Additional Insured." In addition, when requested in writing from the
City, TBRR will provide the City with certified copies of all applicable policies. The address where
such certificates and certified policies shall be sent or delivered is as follows:
City of Clearwater
Attn: _Parks & Recreation Department
P.O. Box 4748
Clearwater, FL 33758-4748
TBRR shall provide thirty (30) days written notice of any cancellation, non -renewal, termination,
material change or reduction in coverage. TBRR's insurance as outlined above shall be primary
and non-contributory coverage for Licensee's negligence. TBRR reserves the right to appoint
legal counsel to provide for the TBRR's defense, for any and all claims that may arise related to
Agreement, work performed under this Agreement, or to Licensee's equipment, or service. TBRR
agrees that the City shall not be liable to reimburse Licensee for any legal fees or costs as a result
of TBRR providing its defense as contemplated herein. The stipulated limits of coverage above
shall not be construed as a limitation of any potential liability to the City, and failure to request
evidence of this insurance shall not be construed as a waiver of Licensee's obligation to provide
the insurance coverage specified. The City is to be specifically included as an "Insured" on the
Commercial Liability Insurance, and Commercial Auto Liability Insurance policies listed.
20. INDEMNIFICATION/LIABILITY: To the fullest extent permitted by law, Licensee agrees to
defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and
against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines
or judgments, including costs, attorneys', witnesses', and expert witnesses' fees, and expenses
incident thereto, relating to, arising out of, or resulting from:
a) the services provided by Licensee personnel under this Agreement;
b) any negligent acts, errors, mistakes or omissions by Licensee or Licensee's personnel; and
c) . Licensee or Licensee personnel's failure to comply with or fulfill the obligations established
by this Agreement.
Licensee will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification. The City assumes no liability for actions of Licensee and will not indemnify
or hold Licensee or any third party harmless for claims based on this Agreement or use of
Licensee provided supplies or services.
6
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
on the day and year first written above.
TAMPA BAY RAPTOR
RESCUE4.1_4(t
1thLIuJ
Barbara Walker
President
CITY OF CLEARWATER, FLORIDA
Fifer oirrier
City Manager
7
Exhibit B
Dedicated Space for TBRR
9
Exhibit A
Description of Licensed Premises