HomeMy WebLinkAbout1278-Gun Buy-Back Use of Property
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AGREEMENT FOR USE"OF PR0PERTY FOR GUN BUY-BACK
THIS AGREEMENT (hereinafter Agreement" as the case may be) is made and
entered on the date below written between THE CITY OF SANFORD, FLORIDA, a
municipality of the State of Florida (hereinafter also referred to as the "City"), whose
address is 815 South French Avenue, Sanford, Florida 32771 and T&R PRODUCE
WHOLESALE & TRUCKING, INC. through DORIS M. DENIS, SANFORD STATE
FARMERS MARKET, the landlord for T&R Produce Wholesale & Trucking, Inc.,
(hereinafter referred to as the "Licensor"), whose address is 1400 South French
Avenue, Sanford, Florida 32771.
1 . General Intent of Agreement. The City is hereby granted the right to use
T&R PRODUCE WHOLESALE & TRUCKING, INC. property located 1400 South
French Avenue within the City Limits of the City of Sanford, Florida (collectively herein
referred to as the "Sanford State Farmers Market") for the purposes expressed herein.
The building and parking lot may be used for a gun buy-back program, specifically for
the purpose of removing unwanted firearms from our streets
2. Dates of Gun Buy-Back. The City may use the property commencing the
date of August 14, 2009 for this Agreement. During this date as specified, the City will
use the property exclusively during 7 A.M. to 7 P.M. (which shall be adequately facilitated
for public use by the City).
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3.. Agreement Fees/TerrnfTermination. This non-exclusive Agreement shall
begin on the date executed by both parties hereto. The parties may terminate this
Agreement at any time with written notice being provided to the other party at least five
working days in advance of the termination. There shall be no fees assessed against
the City by the Licensor in recognition of the public benefit served and attained by
means of the use of the property by the City.
4. Care and Maintenance. The City shall be responsible for any item within
the building or parking lot which is damaged during the course of its use by the City.
5. Alterations. The City shall not, without first obtaining the written consent
of Licensor, make any alterations, additions, or improvements in, to or about the
building.
6. Ordinances, Statutes, Rules and Regulations. The City shall comply with
all statutes, ordinances and requirements of all municipal, State and Federal authorities
now in force, or which may hereafter be in force, pertaining to the building and parking
lot.
7. Assignment. The City shall not assign this Agreement without prior
written consent of the Licensor, which may be withheld for any reason. Any such
assignment without consent shall be void and, at the option of the Licensor, it may
terminate this Agreement.
8. Utilities. Utility services in the building shall be made apart of the
Agreement by the Licensor.
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9.' Indemnifications. E""ach party shall not be liable for any damage or injury
to the other party, or any other person, or to any property, occurring on or in the building
or parking lot which results from the negligent actions of the other party. Each party
hereby, to the extent and limit permitted by State law, but without obligation to provide
insurance of any nature of the other party, shall hold harmless and indemnify the other
party from and against any and all liability, assertions, loss, claims, damages, costs.
attorney's fees, judgments and expenses of whatsoever kind or nature which the other
party may sustain, suffer or incur or be required to pay by reason of a loss resulting
from the negligent acts or omissions of the party. To the extent and limit permitted by
State law, in the event that any action, suit or proceeding is brought against a party
upon any alleged liability arising out of this Agreement asserted to have resulted from
the negligence of the other party, the party against whom the action, suit or proceeding
is brought shall promptly provide notice in writing thereof to the other party by certified
mail addressed to the party against whom the action, suit or proceeding is brought at
the address herein provided. Upon receiving such notice, the party receiving notice, at
its own expense, shall diligently defend the party against whom the action, suit or
proceeding is brought against such assertions, actions, lawsuits, or proceedings and
take any and all appropriate actions to prevent the obtaining of a judgment against the
party against whom the action, suit or proceeding is brought and to otherwise protect
the interests of the party against whom the action, suit or proceeding is brought.
Nothing in this Agreement or any action relating to this Agreement shall be construed
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as a waiver of sovereign immunitY beyond ttie limits set forth in Section 768.28, Florida
Statutes. Persons employed by the party and the agents of that party taking actions
pursuant to this Agreement shall have no claim to pension, workers' compensation,
unemployment compensation, civil service or other employee rights or privileges
granted to the other party's officers and employees. Additionally, there are no third
party beneficiaries to this Agreement.
10. Communication. The parties hereby commit to the implementation and
maintenance of clear, open communication between the City and the Licensor.
11. Non-Waiver. No waiver of any clause of this Agreement or of the breach
thereof shall be taken to constitute a waiver of any subsequent breach of such
Agreement, nor to. justify or authorize the non-observance of any other occasion of the
same or any other agreement nor shall any waiver or indulgence granted by Licensor to
City be taken as an estoppel against the Licensor.
12. No Liens. It is expressly agreed that nothing in this Agreement shall ever
be construed as empowering the City to encumber or cause to be encumbered the title
or interest of Licensor in the building or parking lot in any manner whatsoever.
13. Notices. Any notice which either party mayor is required to give, shall be
given by mailing the same, postage prepaid, to the other party at the address shown
above, or at such other places as may be designated in writing by the parties from time
to time. Notices to the City shall be directed to the City of Sanford's Chief of Police and
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notices to the Licensor shall be directed to T&R PRODUCE WHOLESALE &
TRUCKING, INC.
14. Entire Agreement. The foregoing constitutes the entire agreement
between the parties and may be modified only in writing signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day hereinabove first written.
ATTEST:
CITY OF SANFORD, FLORIDA
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APPROVED AS TO fORM At~B
LEGAL SUFFICIENCY
LICENSOR
T&R PRODUCE WHOLESALE & TRUCKING, INC.
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Doris M. Denis, Landlord
Dated:
8/;3/01
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