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*1394 Lake Monroe Harbour, Inc.� 139y� City Of Sanford/Lake Monroe Harbour, Inc. Letter Of Agreement Extending Memorandum Of Agreement This Letter Of Agreement Extend ing_Memorandum Of Agreement is entered into Od this 42 day of , 2012, by and between the CITY OF SANFORD, a 1V U Florida municipality (hereinafter referred to as the "City "), whose address is City of Sanford City Hall, 300 North Park Avenue, Sanford, Florida 32771 and LAKE MONROE HARBOUR, INC., a Florida corporation (hereinafter referred to as "Monroe Harbour"), whose address is c/o Charles J. Volk, President, 531 North Palmetto Avenue, Sanford, Florida 32771. The City and Monroe Harbour are referred to herein as the "parties" in implementation of the year -to -year agreement of the parties. Whereas, the Fourth of July Fireworks Celebration (hereinafter referred to as the "Celebration ") has been historically held yearly on the lakefront of Lake Monroe in Sanford, Florida; and Whereas, the Celebration has included an annual fireworks display; and Whereas, the launch site for the proposed 2012 Fireworks Display is identified in the attached Exhibit "A "; and Whereas, Exhibit "A" also identifies an area in which preparation, precautions and public safety efforts are necessary pursuant to City, State and Federal regulations for the protection of life and property; and Whereas, Monroe Harbour, Inc. is a tenant operating a Marina dockside, dry storage and boat basin operation within the area described in Exhibit "A "; and Whereas, the City desires to ensure that the premises, property and personnel of the tenant, Monroe Harbour, are reasonably protected against any and all personal injury and property damage exposure resulting from the Celebration planned to be conducted on the lakefront in Sanford from the launch site identified in Exhibit "A "; and Whereas, the City Staff including the Event Coordinator Supervisor of Special Events, and Manager, City Attorney, Police Sergeant, Fire Department Lieutenant and Risk Management Director have conferred and will, as necessary, confer with the officers, directors, manager and operator of the Monroe Marina in an attempt to identify and consider all of the concerns of the City and the Tenant germane to the Celebration; and Whereas, the parties have concluded after their several discussions to memorializing their several commitments, agreements, covenants and stipulations in the best interests of the parties; and further, for the public good and the protection of life and property in and about the area identified in Exhibit "A" and along the waterfront area of Lake Monroe within the City of Sanford. Now, Therefore, the parties agree and understand as follows with regard to the July 4, 2012 Celebration: 1. The above recitals are true and correct. 2. Monroe Harbour agrees as follows: a. To cooperate with the City in consenting to continue the annual planned Fireworks Celebration to be staged, performed and scheduled within the area described in the attached Exhibit "A" for launch of fireworks; and b. To facilitate the relocation and movement of Monroe Harbour property located outside the dry storage area to the parking area west of the dry storage facility; and C. To assist with the designation of the security area west of the dry Page 2 of 6 storage facility so as to coordinate twenty -four (24) hour security and surveillance by the City Police Department commencing at noon on July 3, 2012 and continuing until 7:00 a.m. on July 5, 2012; and d. To assist with the designation of exposure areas in and about the Exhibit "A" premises for continuous survey, surveillance and extinguishment control activities of the City's Fire Department; and e. To make available to designated representatives of the City's Park's Department, Special Events Supervisor, Fire Department and Police Department keys and authorization to enter upon the floating docks in the eastern basin for purposes of preparation, protection and clean up of said areas prior to, during and following the Fireworks Display event; and f. Tender to the City's Risk Management Director a copy of the current Fire, Windstorm Extended Coverage and General Liability Insurance Policy insuring the properties of Monroe Harbour against incidents of damage and calamity to persons and property (a copy of Monroe Harbor's policy shall be attached hereto as Exhibit "B" for ready reference by the parties). 3. The City agrees as follows: a. To provide Monroe Harbour with a current and valid and enforceable Certificate of Coverage from its Liability carrier providing the maximum coverage available to the City giving consideration to the needs of Monroe Harbour (copy of the Certificate of Coverage is attached hereto as Exhibit "C" for ready reference by the parties); and b. To provide Monroe Harbour with a current, valid and enforceable Page 3 of 6 Certificate of Issuance from, Zambelli Fireworks Internationale or such other provider of fireworks display services as may be engaged by the City from time -to -time, establishing Limits of Coverage providing for coverage to which the City is entitled and providing that Monroe Harbour shall be declared an additional insured on said policy as respects commercial, general liability insurance pertaining to the operations of Zambelli Fireworks International, or other provider, at the Celebration within the City of Sanford, Florida; and C. Assist Monroe Harbour in designating the security parameters west of the dry storage facility and coordinate to the satisfaction of the needs of Monroe Harbour =s and its properties twenty -four (24) hour security and surveillance under the direction of the Sanford Police Department commencing at noon on July 3, 2012 and continuing until 7:00 a.m. on July 5, 2012; and d. Assist Monroe Harbour in designating potential extinguishment control areas for management by the City's Fire Department including, but not limited to, the following: dry storage exteriors; and ii. dry storage roof which shall be hosed prior to, during and post event for the protection of the dry storage roof and related facilities; and iii. floating docks zone south of the dry storage facility within the eastern harbor area; and iv. all premises leased to Monroe Harbour by the City; and V. all boats, trailers, canopies, vehicles, equipment and personal property in and about the premises of Monroe Harbour shall be protected against exposure Page 4 of 6 to damage by reason of the fireworks used in the Celebration; and vi. perform dud management services as required during and after the Celebration to ensure the safety of persons and property. e. Coordinate and implement clean up to the satisfaction of the parties in areas including, but not limited to, the following: I. dry storage roof and exterior; ii. floating docks and the eastern basin; iii. island area; iv. lake front zone; and V. streets, alleys and travel ways on the island and within to lake front areas. f. Coordinate and implement the restoration of premises and properties to the satisfaction of the parties in areas and zones including, but not limited to, the following: i. south dry storage exterior; ii. additional dry storage areas as needed and identified; iii. all parking areas on the island; iv. boat ramps; V. floating docks in the eastern and western basins; vi. harbor docks; vii. lake front zones; and viii. such other areas as shall be impacted by the event, if any. h. Establish and maintain constant communication between and to the Page 5 of 6 satisfaction of the parties so as to implement control and fulfill their respective responsibilities to each other as described herein; and i. The City shall have full authority and opportunity to abort the event for the protection of life, property and the safety, health and welfare of Monroe Harbour and the citizens of the City of Sanford. 4. Attached hereto for ready reference by the parties, are the below listed maps, photos, policies and renderings, to wit: Exhibit "A" - Launch Zone Identification Photo Exhibit "B" - Monroe Harbour's Coverage and General Liability Insurance Policy Exhibit "C" - Zambelli Fireworks Internationale Certificate of Insurance Exhibit "D" - Monroe Harbour's Certificate of Coverage issued by the City Exhibit "E" - Marina Isle Lease /Easement Map 5. All other terms and conditions of the underlying agreement between the parties are hereby ratified and affirmed. ttest: Barbara Arthur Secretary ttest: , p - 40 4414i anet Dougherty, C y Cler For use and reliance of the Sanford City Commission, c ity Attorney _ 40 A0 1 6 IV ' 6 91 V Rre Lake Monroe Charles J. Vol President City Of Sa Jeff Triplett, M Page 6 of 6 K h Q Z a� a� v j ; C !�yAIhIT/__ I - p / / I / v , v DATE (MM /DD/YYYY) RV CERTIFICATE OF LIABILITY INSURANCE OP ID CSJ 06/13/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. , IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: ChriS St John, AIAM, AAI , CIC PHONE Hugh Cotton Insurance, Inc. - MAIL ,Ext: 407 -898 -1776 (A/ N o): 407 - 895 -091 P.O. Box 1701 ADDRESS: CStjOhn@hug hcotton.com Orlando FL 32802 CUSTOMERIDM LAKEM -1 Phone:407 -898 -1776 Fax:407- 895 -0918 INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Allied P & C Ins Co. 42579 Lake Monroe Harbour Inc. INSURER B: Travelers 40282 531 North Palmetto Avenue Sanford FL 32771 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM /DWYYYY) LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR X `J OL06801435 07/25/11 07/25/12 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO ECT LOC J PRODUCTS - COMP /OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ACP5914597091 07/25/11 07/25/12 COMBINED SINGLE LIMIT (Ea accident) $ 1 ,000,000 X X X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ $ B X UMBRELLA LIAB EXCESS LIAB X occUR CLAIMS -MADE OX06800439 07/25/11 07/25/12 EACH OCCURRENCE $2,000,000 AGGREGATE s2,000,000 X DEDUCTIBLE RETENTION $ 25000 $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER/EXECUTIVE� OFFICER /MEMBER EXCLUDED? U (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below MIA TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) rFRTIFIrATF I-Inl nFR CANCELLATION /V lVtitf - ZUUV At;UKU t;UKFUKAI IUIV. A11 rlgnLS reservea. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITYSAN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Sanford AUTHORIZED REPRESENTATIVE P O Box 1788 Sanford FL 32772 `J /V lVtitf - ZUUV At;UKU t;UKFUKAI IUIV. A11 rlgnLS reservea. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD �® DATE (MM/DDNYYY) CERTIFICATE LIABILITY INSURANCE AMA/91119 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 3ritton- Gallagher and Associates, Inc. 5240 SOM Center Rd. ;leveland OH 44139 INSURED Zambelli Fireworks Mfg. Co. PO Box 1463 New Castle PA 16103 -1463 I INSURERIS) AFFORDING COVERAGE I NAIC # I INSURER A E: COVERAGES CERTIFICATE NUMBER: 1520260223 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 5666 City of Sanford INSR TYPE OF INSURANCE POLICY NUMBER MM�IDCDYnE POLICY EXP LTR LIMITS GENERAL LIABILITY 619391 -04 1/2012 1/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $50,000 CLAIMS -MADE KI OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $1,0 00,000 GENERAL AGGREGATE $2,000,000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY [ i7l PRO LOC $ B AUTOMOBILE LIABILITY CA93488084 1/2012 1/2013 Eaaccident 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per a.dent $ NON -OWNED HIRED AUTOS X AUTOS C X UMBRELLA LIAB X OCCUR 015374897 1/2012 1/2013 EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 EXCESS LIAR CLAIMS -MADE DED I X I RETENTION $10,000 $ D WORKERS COMPENSATION 838C374 (FL) 2/30/2011 2/30/2012 X WC STATU- X OT g USL&H AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEd $1,000,000 E.L. DISEASE - POLICY LIMIT 1 $1,000,000 If es, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, K more space Is required) Display Date: July 4, 2012. Rain date: July 5, 2012. Display Iocation:Lake Monroe Harbour Marina. Additionally Insured: City of Sanford, Wharton Smith Inc, Waste Pro Inc, CenterState Bank, CPH Engineers, Monroe Harbour Marina, Rotary International, WFTVM/RDQ, Cox Broadcasting, Clear Channel, OSSA- Orlando Sanford International Airport. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 5666 City of Sanford ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1788 Sanford FL 32772 AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 6/21/12 LAKE MONROE HARBOUR, INC Florida League of Cities, Inc. 531 PALMETTO AVENUE Department of Insurance and Financial Services P.O. Box 530065 SANFORD FL 32771 Orlando, Florida 32853 -0065 COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT 0R OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT0529 COVERAGE PERIOD: FROM 10/1/11 COVERAGE PERIOD: TO 10/1/12 12:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ❑ Buildings ❑ Miscellaneous ❑X Comprehensive General Liability, Bodily Injury, Property Damage and [] Basic Form ❑ Inland Marine Personal Injury ❑ Special Form ❑ Electronic Data Processing ❑X Errors and Omissions Liability ❑ Personal Property ❑ Bond © Supplemental Employment Practice ❑ Basic Form 0 Employee Benefits Program Administration Liability ❑ Special Form ® Medical Attendants' /Medical Directors' Malpractice Liability ❑ Agreed Amount Q Broad Form Property Damage ❑ Deductible N/A © Law Enforcement Liability ❑ Coinsurance N/A Q Underground, Explosion & Collapse Hazard ❑ Blanket Limits of Liability ❑ Specific * Combined Single Limit ❑ Replacement Cost Deductible Stoploss $25,000 ❑ Actual Cash Value Automobile Liability Limits of Liability on File with Administrator ❑ All owned Autos (Private Passenger) TYPE OF COVERAGE - WORKERS' COMPENSATION ❑ All owned Autos (Other than Private Passenger) ❑ Statutory Workers' Compensation ❑ Hired Autos ❑ Employers Liability $1,000,000 Each Accident ❑ Non -Owned Autos $1,000,000 By Disease $1,000,000 Aggregate By Disease Limits of Liability ❑ Deductible N/A ❑ SIR Deductible N/A Automobile /Equipment - Deductible ❑ Physical Damage NA - Comprehensive - Auto NA - Collision - Auto NA - Miscellaneous Equipment Other * The limit of liability is $200,000 Bodily Injury and /or Property Damage per person or $300,000 Bodily Injury and /or Property Damage per occurrence. These specific limits of liability are increased to $3,000,000 for General Liability (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability/settlement for which no daims bill has been filed or liability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations /Locations /Vehides /Special Items RE: Fourth of July Celebration 2012. Fireworks at or near marina. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. Designated Member Cancellations CITY OF SANFORD SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE pp PO BOX 1788 CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PROGRAM, ITS AGENTS OR REPRESENATIVES, SANFORD FL 32772 -1788 O?f AUTHORIZED REPRESENATIVE FMIT {ERT (4/2010) 0 � 'b T 48 rri r rr n C . ,p ,p, N90000_{ sk /p 00 4 it app S z - ai ys ! yG l h m2� r Y SEAWALL 7,8' w w+ Q O tn° rw.r_wwur d— ' - D- rO r' OWy ' v, z� MEMORIAL PARK rat nm� x DD �� 2 0 S wwwwww_�p p��W pnn 07 ny N ~ w� ca 0 e a mp-+ E \ H o� z ® zm z to 'D co ! zDZZZ.ZOZDA�O ! �y�u, oam !� �,T �wmmmmmm !. c"'a� ! , i ♦♦ \� °Ri Om : X;U ;umm n 2 Z_ f e - 0 7Dmcocomco� a O ! hm m- 100000-1 -jx ^ ! 29 rncccaCMM0 m ! pr f mcn���X�cncn n� ! / 0O i e zZZZZ 0 e propasod no fishing zone • Ord. 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