HomeMy WebLinkAbout1123-Firefighter Train-Lake MarLICENSE AGREEMENT FOR USE OF PROPERTY
FOR FIREFIGHTER 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 MANHATTAN ACQUISITIONS, LLC., the owner, landlord and controller of
the property on which the parking lot is located, (hereinafter referred to as the
"Licensor"), whose address is 27 North Summerlin Ave, Orlando, Florida
32801.
1. General Intent of License /Grant of License. The Licensee is hereby
granted the right to use the parking lot located at 1770 E. Lake Mary Blvd, Lake Mary,
Florida located within the City Limits of the City of Sanford, Florida (collectively herein
referred to as the "parking lot") for the purposes expressed herein. The parking lot
may be used for fire fighter training without the use of fire or other combustible
materials and by means of non - destructive techniques and, specifically, only, for the
purpose of conducting driving test training for new firefighters all such parking tests
training being for the benefit of the public .
2. Dates of Training Sessions. The Licensee may use the parking lot
commencing the date of the execution of this License through June 30, 2007. During
those days as specified, the Licensee will use all of the parking lot exclusively during
training sessions (which shall be adequately isolated from public use by the Licensee)
and the Licensor will not be entitled to otherwise use the parking lot 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 parking lot by the Licensee.
4. Care and Maintenance. The Licensee shall be responsible for any item
within the parking lot or part of the parking lot which is damaged during the course of
training exercises by the Licensee.
5. Alterations. The Licensee shall not, without first obtaining the written
consent of Licensor, make any alterations, additions, or improvements in, to or about
the parking lot.
Statutes, Rules and Regulations. The Licensee shall comply
g. Ordinances,
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 parking lot.
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.
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8. Utilities. All applications and connections for necessary utility services on
the parking lot 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.
g, 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 the 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 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
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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
as a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida
Statutes. Persons employed by the 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. The parties shall take caution to ensure that,
during its operations at the parking lot, that no public access to the parking lot occurs
and that access is limited to those persons engaging in the Licensee's training
operations.
10. Communication. The parties hereby commit to the implementation and
maintenance of clear, open communication between the Licensee and the Licensor.
The Licensee shall give the Licensor twelve (12) hours advance notice as to when
Licensee intends to use the parking lot.
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
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same or any other agreement nor shall any waiver or indulgence granted by Licensor to
Licensee be taken as an estoppel against the Licensor.
1 2• 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 parking lot 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 of Sanford Fire Chief and
notices to the Licensor shall be directed to Mohanmmed Jaffer, Member of Manhattan
Acquisitions, LLC at 27 North Summerlin Ave, Orlando Florida 32801
14. Entire Agreement. The foregoing constitutes the entire agreement
between the parties and may be modified only in writing signed by both parties.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day hereinabove first written.
LICENSEE
ATTEST: CITY OF SANFORD, FLORIDA
anet R. Dougherty, City Jerk Linda Ruhn, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Susan C. Patterson, City Attorney
MANHATTAN ISISTIONS GROUP, LLC
Sa ber
Dated: 0 rV _ Z5 7�1 G
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