HomeMy WebLinkAbout1654 Orlando Housing Authority - Castle Brewer Court /6 541
LICENSE AGREEMENT
FOR USE OF
FOR PUBLIC SAFETY RELATED TRAINING
THIS LICENSE AGREEMENT (hereinafter "License" or "Agreement" as the case
may be) is made and entered on the last date below written between THE CITY OF
SANFORD, FLORIDA, a municipality of the State of Florida (hereinafter also referred to as
"Licensee" or the "City"), whose address is 300 North Park Avenue, Sanford, Florida 32771
and Orlando Housing Authority , an agency of State
government, (hereinafter referred to as the "Licensor"), whose address is
390 Bumby Ave. Orlando FI, 32803.
1. General Intent of License/Grant of License. The Licensee is hereby granted
the right to use the building and land, commonly known as
Castle Brewer Court (collectively herein referred to as the "building") for the purposes
expressed herein. The building is assigned Tax Parcel Identification Number 26-19-30-
506-0200-000by the Seminole County Property Appraiser. (See the
indemnification exhibit hereto which is incorporated herein by this reference thereto.) The
Castle Brewer Court may be used for Sanford Fire Department training for the benefit
of the public by the Licensee. The term "Licensee" includes the City as well as its
personnel and public safety personnel training with the City.
2. Dates of Training Sessions. The Licensee may use the building on dates that
are mutually agreed to by the Licensor and the Licensee in a letter drafted for such
purpose on each occasion that dates are desired to be established by the parties. The
Licensor delegates to Mr.Ayub Flemming , agent for the Licensor, the authority
to execute letters providing for dates of usage and the Licensee delegates signatory
authority to execute such letters to its Police Chief and Fire Chief, or others (example).
During those days as specified in such letters, the Licensee will use all of Castle Brewer
Court _ exclusively and the Licensor will not be entitled to otherwise use Castle
Brewer Court in any way.
3. License Fees/Term/Termination. This non-exclusive License Agreement
shall begin on the date executed by both parties hereto. The parties may terminate this
License at any time with written notice being provided to the other party at least five (5)
working days in advance of the termination. There shall be no fees assessed against the
Licensee by the Licensor in recognition of the public benefit served and attained by means
of the use of the Castle Brewer Court by the Licensee.
4. Care and Maintenance. The Licensee shall not be responsible for any item
within Castle Brewer Court _ or part of Castle Brewer Court which
is damaged during the course of training exercise.
5. Alterations. The Licensee shall not, without first obtaining the written consent
of Licensor, make any alterations, additions, or improvements in, to or about
Castle Brewer Court .
6. Ordinances, Statutes, Rules and Regulations. The Licensee 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 Castle Brewer
Court .
7. Assignment. The Licensee 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 License Agreement.
8. Utilities. All applications and connections for necessary utility services on
Castle Brewer Court shall be made in the name of Licensee and only with the consent of
the Licensor, Licensee shall be solely responsible for all of its charges and expenses
relating to utility and other services which it may procure and use hereunder.
9. Indemnifications. Each 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
Castle Brewer Court 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 to 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 registered or 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. Nothing in this Agreement or any action relating to this Agreement
shall be construed as a waiver of sovereign immunity beyond the limits set forth in Section
768.28, Florida Statutes, even if the indemnity action sounds in contract rather than tort.
Persons employed by a 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 Licensee 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 said 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 Licensee 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 Licensee to encumber or cause to be encumbered the title
or interest of Licensor in the agreement in any manner whatsoever.
13. Notices. Any notice which either party may or 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 Licensee shall be directed to the City Manager and notices to the
Licensor shall be directed to Mr. Ayub Flemming
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 date herein below last written.
ATTEST:
LICENSEE:
CITY OF SANFORD, FLORIDA
Q .,
Cynthia Porter, City Clerk City Manager or Risk Manager
Approved as to fextd} legal _ �,� /� 2v/
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Lonnie Groot, Assistant City attorney
LICENSOR SIGNATURE BLOCK FOLLOWS
ATTEST: LICENSOR:
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Signat & wr. Signature
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Printed Name �- Printed Name
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Title Title
Date Date