1529 OHA License Agrmt for Public Safety�y Zq
(INSERT YOUR DEPT. NAME HERE)
TRAI smiTTAL MEMORANDUM
To: City Clerk
RE: Request for Services
The item(s) noted below is /are attached and forwarded to your office for the following action(s):
C
Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
Once completed, please:
❑ Return original
❑ Return copy
vh. j
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
JtA 4W
From
TADept_ forms \City Clerk Transmittal Memo - 2009.doc
❑
Mayor's signature
❑
Recording
❑
Rendering
Safe keeping (Vault)
Date
07/06/2012 FRI 15:24 FAX 407 688 5041 City of Sanford FS -31
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 Fl, 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 Destructive 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 Citv.
2. Dates of Training Sessions.. The Licensee may use the building on dates
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EXHIBIT B
2002/008
r�
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07/06/2012 FRI 15:24 FAX 407 688 5041 City of Sanford FS -31
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 August 1, 2012 to August 1, 2013 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 the
Apartment at Lake Monroe Terrace exclusively and the Licensor will not be entitled to
otherwise use the Apartment at Lake Monroe Terrace in any way.
3. License FeeslTerm/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 Apartment at Lake Monroe Terrace by the Licensee.
4. Care and Maintenance. The Licensee shall not be responsible for any item
within the Apartment at Lake Monroe Terrace or part of the Apartment 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
Apartment at Lake Monroe Terrace .
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2003/008
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07/06/2012 FRI 15:25 FAX 407 688 5041 City of Sanford FS -31
/2004/008
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 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
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. 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 Apartment at
Lake Monroe Terrace 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
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07/06/2012 FRI 15:25 FAX 4D7 688 5041 City of Sanford FS -31
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.
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07/06/2012 FRI 15:26 FAX 407 688 5041 City of Sanford FS -31
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 Apartment at Lake Monroe Terrace 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 _ Orlando Housinq 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
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2006 /008
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07/Q6/2012 FRI 15:26 FAX 407 688 5041 City of Sanford FS -31
executed on the date herein below last written.
A TTES T.
LICENSEE:
CITY OF SANFORD, FLORIDA
c
Janet R. Dougherty, 4 CIe l rk City Man er or Risk anager
Approved as to form and legal
sufficienc : Date
en tosh, Assi nt City Attorney
L-4 %C - M7
LICENSOR SIGNATURE BLOCK FOLLOWS
AT S
ignature
Printed Name
Title
LICENSOR:
Signature
Printed Name
Title
Date
Date
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EXHIBIT B
2007/008
07/06/2012 FRI 15:26 FAX 407 666 5041 City of Sanford. FS -31 /2008/008
CADocuments and Setting s\Danielle\Local Settings\Temporary Internet Files101- MUMndemnification Policy - Example- Preferred - Public
Safety.wpd
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EXHIBIT B