1386 Public Safety Trng (short term)o7 �
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 the
(collectively herein referred to as the "building ") for the purposes expressed herein. The
building is assigned Tax Parcel Identification Number. 25- 19- 30 -5AG- 0516 -0000 by
the Seminole County Property Appraiser. (See the indemnification exhibit hereto
which is incorporated herein by this reference thereto.) The Apartments may be used for
Fire related training for the benefit of the public by the Licensee.
2. Dates of Training Sessions. April 18, 2011 to May 31, 2011. 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, 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. During those
days as specified in such letters, the Licensee will use all of the Selected Apartment at
r.:
Lake Monroe Terrace exclusively and the Licensor will not be entitled to
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otherwise use the Selected Apartment at Lake Monroe Terrace in any way.
3. License Fees/TermlTermination. 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 Selected Apartment at Lake Monroe Terrace by the Licensee.
4. Care and Maintenance. The Licensee shall not be responsible for any item
within the Selected Apartment at Lake Monroe Terrace or part of the Selected
Apartment s at Lake Monroe Terrace 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 the Selected
Apartment at Lake Monroe Terrace.
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 the. Selected
Apartment at Lake Monroe Terrace.
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 the
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Selected Apartment at Lake Monroe Terrace 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. Indemnification of Licensor. The Licensor shall not be liable for any damage
or injury to the Licensee, or any other person, or to any property, occurring on or in the
Selected Apartment at Lake Monroe Terrace which result from the Destructive training
contemplated herein. The Licensee hereby, to the extent of a claim or judgment by any
one person which does not exceed the sum of $100,000 or any claim or judgment, or
portions thereof, which, when totaled with other claims or judgments does not exceed the
sum of $200,000, shall hold harmless and indemnify the Licensor 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 Licensor may sustain, suffer or incur or
be required to pay by reason of a loss resulting from the negligent acts or omissions of the
Licensee. To the above - stated extent and limit, in the event that any action, suit or
proceeding is brought against the Licensor upon any alleged liability arising out of this
Agreement asserted to have resulted from the negligence of this Licensee, the Licensor
shall promptly provide notice in writing thereof to the Licensee by registered or certified
mail addressed to the Licensee at the address herein provided. Upon receiving such
notice, the Licensee, at its own expense, shall diligently defend the Licensor against such
assertions, actions, lawsuits, or proceedings and take any and all appropriate actions to
prevent the obtaining of a- judgment against the Licensor and to otherwise protect the
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interests of the Licensor to the extent and limits set forth above and as permitted by State
law. Nothing in this Agreement of any action relating to this Agreement shall be construed
as the Licensee's or the Licensor's 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 the Licensee and the agents of the Licensee 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 Licensoe's officers and employees. Additionally, there are no third party beneficiaries to
this Agreement. The Licensee shall take caution to ensure that, during its operations at the
Selected Apartment at Lake Monroe Terrace that no public access to the Selected
Apartment at Lake Monroe Terrace 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.
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 Selected Apartment at Lake Monroe Terrace in any manner
whatsoever.
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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 Orlando Housing Authority 390 Bumby Ave. Orlando Fl, 32803
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.
C A - ` -41L
Janet R. Dougherty, ity CleVk
LICENSEE:
CITY OF SANFORD, FLORIDA
.V--
City Manager or Risk Manager
Approved as to form and legal
sufficiency:
Lonnie t A istant City Attorney
I
Date �/Cx) r �/
LICENSOR SIGNATURE BLOCK FOLLOWS
ATTEST.• LICENSOR:
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n
Signature Signature
VIVIAN BRYANT, ESQ.
Printed Name Printed Name
PRESIDENT /CEO
Title Title
4/21/2011
Date Date
I:1 Danielle\ KWMc \Cities\SANFORD\Indemnification Policyllndemnification Policy- Example- Standard - Public Safety.wpd
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