045-Sanford Aero Modeler's ClubL-- L{ 5
TO:
I
RE:
M E M O R A N D U M
May 24, 1994
MAYOR AND CITY COMMISSION
CITY MANAGER WILLIAM A. SIMMONS
SITE 10 LEASE FOR SANFORD AERO MODELERS' CLUB
Prior to commencement of construction of the Site 10 facility, the
Sanford Aero Modelers leased a portion of the site for a model
airplane flying facility. This use was of necessity discontinued
while the site was being reconfigured for reclaimed water
irrigation /disposal. Now that construction of Site 10 is complete,
the Sanford Aero Modelers have requested a lease covering a
specific site. Field F -5 is separated from the bulk of the
"pasture" portion of Site 10 by wetlands, therefore diminishing its
usefulness for cattle grazing. Proposed modifications to the
irrigation system, by Sanford Aero Modelers, would preserve the
expected reclaimed water usage. Sanford Aero Modelers would be
responsible for maintenance and mowing of the area.
It is recommended that City Commission authorize execution of the
attached lease agreement at a nominal rental rate.
WAS
Attachment
cc: Utility Director
City Attorney
Bill Holmes (CPH /Orlando)
Lee Dargue (Sanford Aero Modelers)
DATE
ITEM
(City Can) a: \memos \aero- mod.1er
AG REEMENT
L- 45
THIS AGREEMENT is made and entered into on this � day of
l�, between the CITY OF SANFORD hereinafter
referred to as "CITY ", a municipal corporation organized and
existing under the laws of the State of Florida, and SANFORD AERO
MODELERS, INC. hereinafter referred to as LESSEE, a Florida non-
profit corporation, whose address is P. O. Box 470463, Lake Monroe,
Florida 32747 -0463.
WHEREAS, a portion of a tract of land owned by CITY, described
as Water Reuse System Site 10, Field "F -5 Seminole County,
Florida, is to be used for the purposes of wastewater irrigation
and is available for light recreational use, consistent with such
wastewater irrigation; and
WHEREAS, the use of a portion of this tract as depicted on the
attached Diagram " A " as a radio controlled (hereafter designated
"RC ") model aircraft field, model car field, model boat facility
and as a U- control model aircraft field would be consistent with
the sensitive nature of the tract, and would also promote the
building and operation of such aircraft, cars, and boats, a hobby
which is locally and nationally recognized as a healthy, safe, and
constructive activity; and
WHEREAS, the successful operation of a model field and the
protection of the flyers and users and the general public from
improper use of the FCC assigned radio control frequencies requires
that such a facility be under the supervision of a competent
authority that is familiar with the requirements for proper
utilization of these radio frequencies; and
WHEREAS, the ACADEMY OF MODEL AERONAUTICS (i.e., "AMA ") is the
chartering organization for more than 1600 model clubs across the
United States and provides its chartered clubs with substantial
insurance and other hobby and professional assistance; and
WHEREAS, SANFORD AERO MODELERS, INC. (LESSEE) is a chartered
club of the ACADEMY OF MODEL AERONAUTICS, and is well - qualified to
provide the supervisory services needed for the successful
operation of the subject property as a model field.
covenants herein contained and in consideration of the payments and
undertakings herein mentioned, made and to be made, have
respectively promised unto and covenanted and agreed each with the
other as follows:
1. Premises. In consideration of the covenants and
agreements hereinafter made, reserved and contained on the part of
LESSEE to be observed and performed, the CITY leases to LESSEE and
LESSEE rents from the CITY, that certain 39.67 acre parcel of real
property located in Seminole. County, Florida, known as Site 10,
Field F -5, and more particularly described in Exhibit "A ", attached
hereto and made a part hereof by reference, and shall hereinafter
be referred to as the "Subject Property ". The Subject Property
shall be used by LESSEE for the operation of a model aircraft
flying facility as more particularly described herein below. The
City agrees that no other radio controlled hobby operation will be
permitted to operate on any other portion of Site 10.
(Sanford Aero Modelers Agreement)
2
W I T
N E
S S
E
T H
That the parties
hereto
for
and
in
consideration of the mutual
covenants herein contained and in consideration of the payments and
undertakings herein mentioned, made and to be made, have
respectively promised unto and covenanted and agreed each with the
other as follows:
1. Premises. In consideration of the covenants and
agreements hereinafter made, reserved and contained on the part of
LESSEE to be observed and performed, the CITY leases to LESSEE and
LESSEE rents from the CITY, that certain 39.67 acre parcel of real
property located in Seminole. County, Florida, known as Site 10,
Field F -5, and more particularly described in Exhibit "A ", attached
hereto and made a part hereof by reference, and shall hereinafter
be referred to as the "Subject Property ". The Subject Property
shall be used by LESSEE for the operation of a model aircraft
flying facility as more particularly described herein below. The
City agrees that no other radio controlled hobby operation will be
permitted to operate on any other portion of Site 10.
(Sanford Aero Modelers Agreement)
2
141�,
2. Use of Reclaimed Water on Subject Property.
(a) The Subject Property comprises a total of 39.67
acres. LESSEE shall utilize reclaimed water supplied by the CITY
on approximately 17.5 acres of grassed area. Said area has been
planted in Pensacola and Argentine Bahia in 1993 by the CITY. The
CITY and LESSEE expressly acknowledge and agree that the CITY has
obtained a permit from the Florida Department of Environmental
Protection (FDEP) for the planting and operation of the area for
improved pasture or hay production on the Subject Property.
Written approval shall be obtained from FDEP by LESSEE for the
Model Aircraft Flying Facility use
In accordance with the conditions of the FDEP Permit
#DC59- 186526 (Modification OCD- DW -92- 0628), the Subject Property
shall be used by LESSEE for a model aircraft, boat, and car
operation facility. LESSEE will not permit the Subject Property to
be used for any other unauthorized purpose or for any unlawful
purpose.
(b) LESSEE shall accept and use reclaimed water produced
by the CITY as more fully and specifically described herein.
(c) LESSEE shall use reclaimed water delivered by the
CITY for irrigation except that use of the reclaimed water shall be
consistent with all local, state and federal regulations. In no
event will LESSEE discharge reclaimed water directly to surface
waters of the State of Florida without written authorization from
the Florida Department of Environmental Protection (FDEP) and any
other applicable agency. LESSEE may only apply reclaimed water in
(Sanford Aero Modelers Agreement)
3
a manner authorized by the EPA, the FDEP and the CITY on the
Subject Property. LESSEE will take all reasonable precautions,
including signs and labeling, to prevent confusion between
reclaimed water sources and other water sources. LESSEE shall make
necessary determination relative to use of reclaimed water for
cattle consumption.
3. Term of Agreement and Effective Date. This Agreement
shall become effective immediately upon the date which this
Agreement is last signed by either the CITY or LESSEE. The term of
this Agreement shall be for a period of fifteen (15) years.
4. Pastures. The CITY shall have the right to hire a
agriculturist to inspect the subject property prior to LESSEE
initiating any modification to the subject property and make
periodic inspections during the term of the lease.
5. Payment to City. LESSEE agrees to pay annually to the
CITY Ten dollars ($10.00) for the use of the site. Said annual
payments to the CITY shall be made by LESSEE at time of lease
execution and annually thereafter on the effective date of the
lease.
b. Right of First Refusal. The CITY grants to LESSEE upon
expiration of the term of this Agreement, if LESSEE is not in
default under the terms of this Agreement, the first right of
refusal to lease the Subject Property if the CITY decides to lease
said property for model airplane flying. Nothing contained herein
shall be construed to obligate the CITY to lease the Subject
Property at the termination of this Agreement.
(Sanford Aero Modelers Agreement)
4
7. Installation of Subsurface and Surface Components of
Irrigation System. The CITY has installed, at its sole cost and
expense, the surface and subsurface components of the seepage
irrigation system; herein after referred to as the "Irrigation
System." The CITY has installed and shall maintain, at its sole
cost and expense, the subsurface components of the Irrigation
System on the Subject Property as shown in the drawings and
technical specifications (Plans) of the CITY. Said Irrigation
System generally includes, but is not limited to, the pumping
station, subsurface pipes, valves, surface distribution swales,
holding ponds, and stormwater management system. Any damage caused
to the Irrigation System as a result of the acts, omissions or
negligence of LESSEE, its agents, employees, officers or invitees
shall be repaired by the CITY at the sole cost and expense of
LESSEE. Routine maintenance and regrading of surface distribution
swales system shall be the direct responsibility of LESSEE. LESSEE
shall have the right to modify the City installed seepage
irrigation system to facilitate the creation of a level, east -west
oriented model aircraft flying facility generally 400 feet
(east /west) by 120 feet (north /south). Existing irrigation and
drainage swales must be piped within the level area to provide
continuity of drainage and irrigation. Pipe size and overall plans
for modifications must be approved by LESSOR, and FDEP if
appropriate, before commencement of work on the site. LESSEE shall
also design, install, operate and maintain a suitable alternate
irrigation system for the area no longer served by seepage
(Sanford Aero Modelers Agreement)
5
irrigation as result of piping the irrigation swales, to insure
regular usage of reclaimed water in that area comparable to the
usage prior to modification of the irrigation system.
8. Maintenance of Irrigation System. LESSEE shall be
responsible for the routine maintenance of the surface Irrigation
System including, but not limited to, the grade control structures,
irrigation ditches, drainage ditches and lateral swales, and
alternative irrigation system components at the sole expense of
LESSEE. The CITY shall maintain the subsurface irrigation
components it has installed including buried pipelines, valve
control systems, valve vaults and boxes, and underground valves,
valves, switches, pump stations, intake strainers and holding
ponds.
LESSEE shall be responsible for monitoring the Irrigation
System. The CITY reserves the right to regularly monitor the
system.
9. Volume of Water.
(a) LESSEE expressly agrees to accept and use from the
CITY a volume of 0.0543 million gallons daily (MGD) of reclaimed
water on the Subject Property without cost to LESSEE, resulting in
an annual use of the volume of 19.8 million gallons of reclaimed
water on the Subject Property. The CITY may, at its sole
discretion and cost, install appropriate meters so that the volume
of reclaimed water used by LESSEE may be monitored.
(b) Both parties recognize that adverse weather
conditions may necessitate modification of the volume of reclaimed
(Sanford Aero Modelers Agreement)
6
water established in Paragraph 9(a) on a temporary basis. LESSEE
shall have the right to temporarily restrict or refuse the use of
reclaimed water to be delivered in the event of adverse weather
conditions. Both parties also recognize that adverse weather
conditions may result in a need for reclaimed water greater than
the volume set forth in Paragraph 9(a). LESSEE shall have the
right to temporarily draw additional water, subject to availability
of reclaimed water supplies, in the event of adverse weather
conditions. Notice of the exercise of these rights by LESSEE shall
be provided in writing to the CITY. LESSEE expressly agrees that
the exercise of these rights shall not result in a change to the
annual use of the volume of 19.8 million gallons of reclaimed water
on the Subject Property.
(c) If the CITY's storage, transmission or distribution
system fails, then delivery of reclaimed water under the
requirements of this Agreement may be interrupted or limited in
quantity. The CITY shall not be held responsible for any damage or
loss of any type whatsoever sustained by LESSEE as a result of the
reduction, interruption or cessation of the delivery of reclaimed
water by the CITY to LESSEE.
(d) In the event of a change in existing regulations
promulgated by the FDEP or other regulatory agency concerning the
use or distribution of reclaimed water for irrigation, or in the
event of changes in technology, or in the event of any change in
the CITY's need to provide the quantities of water established in
Paragraph 9(a), herein, then
(Sanford Aero Modelers Agreement)
n-,
1) the CITY shall give LESSEE no less than one (1)
months notice of any anticipated reduction or cessation in water
supplied to LESSEE;
2) the CITY shall not be held responsible for any
damage or loss of any type whatsoever sustained by LESSEE as a
result of the reduction, interruption or cessation of the delivery
of reclaimed water by the CITY to LESSEE.
10. Reclaimed Water Quality. The reclaimed water delivered
by the CITY will meet all applicable local, state and federal water
quality regulations for reclaimed water for pasture grass
irrigation. If the reclaimed water fails to meet applicable FDEP
water quality regulations, then the CITY shall immediately notify
LESSEE and the CITY and LESSEE shall immediately cease irrigation
of the Subject Property.
11. Improvements. The parties expressly acknowledge and
agree that LESSEE shall at its sole cost and expense have the right
to construct in strict compliance with all applicable local, state
and federal regulations a model airplane flying facility; a U-
control model flying facility with fifteen (15) foot paved landing
circle, outside diameter of 145 feet, and center operator box;
storage shed and a covered pavilion; located generally as shown on
Exhibit "B ". The actual location and plans for said facilities,
shall be subject to CITY approval, which approval shall not be
unreasonably withheld. LESSEE shall obtain at its sole cost and
expense all required approvals and permits. The CITY shall
cooperate in the FDEP permitting process to the extent necessary.
(Sanford Aero Modelers Agreement)
8
/0�-.
LESSEE shall not construct any other capital improvement,
structures or buildings on the Subject Property without written
approval from the LESSOR and compliance with all local, state and
federal laws. Upon termination of this Agreement, all
improvements, buildings, and structures constructed by LESSEE on
the Subject Property shall become the property of the CITY and
revert to the CITY in fee simple absolute. At the option of the
CITY, LESSEE may be required to remove LESSEE's installed
improvements including alternate irrigation system, and restore the
previous seepage irrigation and drainage system and regulation.
12. Maintenance of Improvements. LESSEE shall maintain the
appearance of all roadways, parking areas, entrance and exit ways
on the Subject Property. LESSEE shall maintain and repair all
structures and improvements and alternate irrigation system
constructed on the Subject Property by LESSEE.
13. Access to Pump Station. LESSEE shall not have access to
the pump station. The CITY shall regulate and control the timing
of the seepage irrigation to the Subject Property. LESSEE shall
contact the CITY when it is necessary for the CITY to adjust the
system or make regular and emergency repairs to the seepage
irrigation system. The CITY shall provide LESSEE with the names
and telephone numbers of City repairmen. LESSEE shall not make any
regular or emergency repairs to the pump station or changes to the
irrigation system. The CITY shall promptly make all necessary
adjustments and repairs taking into consideration LESSEE's need to
provide water to cattle if applicable. LESSEE shall make all
(Sanford Aero Modelers Agreement)
9
necessary repairs to the alternate irrigation /drainage system he
installs. when it is necessary to utilize City employees or agents
to repair the pump station or make adjustments to the system after
regular business hours or on City holidays, LESSEE shall reimburse
the CITY for said expenses if said repairs are made after regular
business hours or during City holidays.
14. Destruction of Pasture Grass. As to the planting of
pasture grasses on the Subject Property during the term of this
Agreement, LESSEE shall be required to replant all pasture grasses
that have been destroyed by erosion, freeze, pestilence, disease,
natural disaster or act of God.
15. Good Agricultural Practices. LESSEE shall take good care
of the Subject Property, its improvements and manage and operate
the improved pasture located thereon in a creditable manner,
following the agricultural practices recognized as best in the
community, and suffer no waste during the term of this Agreement.
16. Indemnification. LESSEE, at its sole cost and expense,
agrees to defend, indemnify and save harmless the CITY and its
officers, employees and agents from and against any and all claims,
costs, demands, expenses, fines, losses, liability, damages,
injury, actions or causes of action whatsoever in connection with
or arising from or out of the operation, occupancy or use of the
Subject Property; occasioned wholly or in part by any acts,
negligence or omissions of LESSEE, its agents, contractors,
employees, invitees, licensees or others.
17. Expiration or Breach of Agreement.
W
(Sanford Aero Modelers Agreement)
10
rdo
(a) In the event of a breach or default by LESSEE in the
performance of any of the covenants, conditions, or provisions of
this Agreement, then the CITY may give LESSEE written notice of
said breach or default and if LESSEE does not cure said breach or
default within thirty (30) days after receiving said notice, then
the CITY may terminate this Agreement on not less than thirty (30)
days notice to LESSEE and /or may seek damages as provided by law,
and on the date specified in said notice of termination, the term
of this Agreement shall terminate. When this Agreement has been
terminated by the CITY for breach or default by LESSEE or when the
term of this Agreement has expired as provided in Paragraph 3,
herein, then LESSEE shall quit and surrender the Subject Property,
all buildings, improvements, structures, improved pasture to the
CITY and remove LESSEE's personal property. The CITY may at any
time thereafter resume possession of the Subject Property, and all
buildings, structures, fences, improvements and improved pasture
thereon put in at the expense of LESSEE shall be the property of
the CITY and shall remain upon and be surrendered with the Subject
Property as a part thereof at the termination of this Agreement
without any payment to LESSEE for same. If Agreement is terminated
by the CITY for any reason other than non - payment of rent, such
rent that has been paid shall be treated in liquidated damages.
(b) In the event of a breach or default by the CITY in
the performance of any of the covenants, conditions, or provisions
of this Agreement, then LESSEE may give the CITY written notice of
said breach or default and if the CITY does not cure said breach
(Sanford Aero Modelers Agreement)
11
r` ,-*,
or default within sixty (60) days after receiving said notice of
breach or default, then LESSEE may terminate this Agreement on not
less than thirty (30) days notice to the CITY and /or may seek
damages as provided by law.
(c) Except as may otherwise be, specifically provided
herein, no action or failure to act by the CITY or LESSEE shall
constitute a waiver of any right or duty afforded to them nor of
their right at all times in the future to insist upon the full and
complete performance of each and every term, covenant, condition
and provision of this Agreement, nor shall any such action or
failure to act, constitute an approval or acquiescence in any
breach hereunder.
18. Insurance. The CITY shall not be held responsible or
liable to LESSEE, LESSEE's employees, patrons, independent
contractors, invitees, third party participants, licensees or
others for any damage to personal property or for any personal
injury caused by the acts, omissions, or negligence of LESSEE, its
employees, patrons, independent contractors visitors or others, or
by catastrophe. LESSEE, at its own cost, shall obtain and maintain
during the term of this Agreement, liability insurance written by
an insurance company or companies rated " A " or higher by A.M. Best,
licensed to do business in the State of Florida, for the benefit of
LESSEE, which will fully protect LESSEE against liability for
property damage and personal injury suffered by reasons of said
aforedescribed acts and use of the Subject Property, with minimum
limits of Two Million Five Hundred Thousand dollars ($2,500,000.00)
(Sanford Aero Modelers Agreement)
12
Big
per occurrence. LESSEE shall furnish to the CITY copies of such
insurance policies and certificates, and of the renewals thereof,
and said policies and certificates shall name the CITY as an
additional named insured and provide that the CITY is to be given
at least 30 days advance written notice of any changes,
cancellations or failure to renew any policy. LESSEE shall procure
workmen's compensation insurance coverage as required by law.
19. Utilities. LESSEE agrees to pay all charges for
electricity for buildings constructed by LESSEE, and other
incidental uses or any LESSEE installed structures, or buildings as
provided for in Paragraph 11, herein, and trash and garbage
removal, as and when said charges become due and payable. LESSEE
shall not permit any lien to be assessed against the Subject
Property for failure to pay said charges.
20. Inspection and Access to Premises. The CITY, its agents
and employees properly identified, shall have the right, at all
reasonable times to enter the Subject Property or any part thereof,
to inspect the same, and to carry out any provision of this
Agreement. The CITY agrees not to disturb any ongoing operations.
LESSEE agrees to provide the CITY with keys to any locks installed
by LESSEE as are necessary for the CITY to carry out the provisions
of this Agreement.
21.
Contests
and Public Events. LESSEE
shall
have the right
to sponsor
and to
supervise such contests and
other
public events
related to radio controlled model operation on the premises,
subject to applicable City, County, State and Federal rules and
(Sanford Aero Modelers Agreement)
13
regulations.
W
22. Assignment and Subletting. LESSEE shall not, without
first obtaining the prior written consent of the City Commission,
which consent shall not be arbitrarily and capriciously withheld,
assign this Agreement or sublet the Subject Property or any part
thereof, or permit the use of the Subject Property by any party
other than LESSEE, its agents or employees. Any assignment,
delegation or subletting effectuated without the CITY's prior
written consent shall be void and of no legal effect. Consent
given by the CITY to any assignment or sublease of this Agreement
shall not nullify this provision, and all subsequent assignments or
subleases shall be made only subject to obtaining prior written
consent of the CITY as required in this Paragraph.
23. Central Florida Regional Airport. The Central Florida
Regional Airport is located approximately five (5) miles north -west
of the premises.
The
Airport Authority
has
specified
"no
objection" to the
use of
the premises for RC
model
operation,
but
has reserved the right to restrict activities should flight
activities impact airport traffic and be deemed a problem by the
FAA relevant to airport operations (Exhibit "C ") . LESSEE shall
comply with all requirements, of Central Florida Regional Airport
relative to RC operation on the premises.
24. Disclaimer of Representations and Warranties by CITY.
The CITY does not represent or warrant that the volume of reclaimed
water delivered shall increase the productivity of the land
described in Exhibit " A " nor result in changes to the land,
(Sanford Aero Modelers Agreement)
14
*" .00,
improved pasture or vegetation of any kind. LESSEE shall secure
independent advice and shall make an independent judgment as to the
use of the volume of water described in Paragraph 9, herein.
25. Excuse from Performance by Governmental Acts. If for
any reason during the term of this Agreement, local, regional,
state or federal governments or agencies shall fail to issue
necessary permits, grant necessary approvals, or shall require any
change in the operation of the treatment, transmission and
distribution systems or the application and use of reclaimed water
by the CITY, then to the extent that such requirements shall affect
the ability of any party to perform any of the terms of this
Agreement, the affected party shall be excused from the performance
of this Agreement. A new Agreement shall be negotiated, if
possible, by the parties hereto in conformity with such permits,
approvals, or requirements.
26. Disclaimer by Third Party Beneficiaries. This Agreement
is solely for the benefit of the formal parties hereto and no right
or cause of action shall accrue upon or by reason, hereof, to or
for the benefit of any third party not a formal party hereto.
27. Taxes. LESSEE shall pay all personal property, real
property (ad valorem) and corporate taxes whether now existing or
imposed in the future. LESSEE shall pay such taxes in full before
becoming delinquent. LESSEE, at its sole cost and expense, shall
have the right to contest, in good faith, the validity of any real
property taxes levied against the Subject Property.
28. LESSEE's Environmental Representation.
(Sanford Aero Modelers Agreement)
15
101%
(a) LESSEE represents and warrants that any handling,
transportation, storage, treatment or use of contaminants,
pollutants, hazardous or toxic substances on the Subject Property
by LESSEE, its agents, employees or contractors will be in
compliance with all applicable federal, state and city laws,
regulations and ordinances.
(b) LESSEE agrees to defend, indemnify and save harmless
the CITY and its officers, employees and agents from all claims
costs, damages, demands, expenses, fines, judgments, liabilities
and losses, including reasonable attorneys' fees and costs, which
arise during or after the term of this Agreement from or in
connection with the presence or suspected presence of contaminants,
pollutants, hazardous or toxic substances in the soil or
groundwater on or under the Subject Property from the breach of
Subparagraph 32 (a), hereinabove.
(c) LESSEE shall carry throughout the term of this
Agreement, with an insurance company, rated "A" or higher by A. M.
Best, coverage for the Subject Property sufficient to meet LESSEE's
indemnification obligations in Subparagraph 32 (b), hereinabove, if
reasonably available.
29. Liens. LESSEE shall not allow any liens of any kind or
nature to attach against the Subject Property during the term of
this Agreement, including, but not limited to contractors,
subcontractors, taxes, fines, penalties, suppliers and laborers
employed by LESSEE. LESSEE agrees to indemnify the CITY for all
costs, including reasonable attorney's fees, which are required to
(Sanford Aero Modelers Agreement)
16
be expended by the CITY to litigate, satisfy, cure, bond -off, or
settle any such claims so created by LESSEE.
30. Severability. If any part of this Agreement is found
invalid or unenforceable by any Court, such invalidity or
unenforceability shall not affect the other parts of this Agreement
if the rights and obligations of the parties contained therein are
not materially prejudiced and if the intentions of the parties can
continue to be effectuated. To that end, this Agreement is
declared severable.
31. Land Use Approvals. This Agreement shall not be
construed as granting or assuring or indicating any future grant of
any land use or zoning approvals, permissions, variances, special
exceptions, or rights with respect to the real property described
in Exhibit "A" hereof.
32. Applicable Law and Venue. This Agreement and the
provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida and venue
for any action shall be located in Seminole County, Florida.
33. Address of the Parties. For purposes of this Agreement,
the address of the CITY is:
City Manager
CITY OF SANFORD
Post Office Box 1788
Sanford, Florida 32772 -1788
For purposes of this Agreement, the address of LESSEE is:
SANFORD AERO MODELERS
Post Office Box 470463
Lake Monroe, Florida 32747 -0463
(Sanford Aero Modelers Agreement)
17
lw A
The CITY and LESSEE may, from time to time, change the address to
which notices should be sent upon written notice to the other
party. The change of address shall be deemed effective five (5)
days after it is mailed, postage prepaid to the other party.
34. Captions. Captions throughout this instrument are
inserted for convenience and reference only, and the words
contained therein shall in no way be held to explain, modify,
amplify, or aid in the interpretation construction or meaning of.
the provisions of this Agreement, or as a limitation of the scope
of the paragraph to which they refer.
35. Entire Agreement. This Agreement contains and embodies
the entire agreement of the parties hereto, and no representations,
inducements or agreements, oral or otherwise, between the parties
not contained and embodied herein shall be of any force or effect,
and the same may not be modified, changed or terminated in whole or
in part, or in any manner other than by agreement in writing duly
signed by all the parties hereto.
36. Time of Essence. It is understood and agreed between the
parties hereto that time is of the essence for all the terms,
provisions, covenants and conditions of this Agreement.
37. Mediation Required. The parties agree that no legal
action related to this Agreement shall be brought in any court of
competent jurisdiction in Seminole County, Florida, unless and
until the parties have first made good faith efforts to resolve the
dispute(s) by mediation.
38. Attorney's Fees. In any action or proceeding arising out
(Sanford Aero Modelers Agreement)
18
" �*
of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and costs.
39. Agreement Drafted by Both Parties. This Agreement has
been drafted by both parties and both parties acknowledge and agree
that they have had their respective attorneys review same prior to
execution by the undersigned representatives.
40. No Oral Modifications. This Agreement may not be
modified except by an instrument in writing, signed by the duly
authorized representatives of each party hereto.
41. Authority to Sign Agreement. The City Commission of the
CITY OF SANFORD has approved this Agreement by appropriate action
and has authorized its execution by the undersigned representative.
It is further warranted, that LESSEE is a corporation and that
LESSEE has by resolutions authorized the undersigned representative
to execute this Agreement so as to bind LESSEE.
42. Miscellaneous. Nothing contained herein shall be
construed or interpreted as creating a relationship between the
parties other than that of landlord and tenant.
43. Preemption.
/ ATTEST:
ITY CLERK
THE CITY OF SANFORD,
a Municipal Corporation
By: � I�
' yL�
Title: dal
Date:
q° tmi 9 /3
(Sanford Aero Modelers Agreement)
19
By: L « P" e
Title: /Res S e .fvr.t 4e,*, �nld
Date: 6
.STATE OF FLORIDA )
COUNTY OF SEMINOLE )
The foregoing Agreement was acknowledged before me this 1(D
day of 1994, by Mayor Bettye D. Smith, City of
Sanford, who is personally known to me and who did take an oath.
p � PENNY LOU n
.Y My Commission on CC31 CC31566/
Expires Sep. 06.1997
s Bonded byANS NOTARY P LIC
f � ?OV itsNO 600652 -5676
My Commi sion Expires: 6, 6, !G9'7
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
The foregoing Agreement was acknowledged before me this 9yA
day of ' 1994, by (X UL
of the LESSEE, who is personally known to me and who did take an
oath.
p
+°sµt rokr PENNY LOU TURNER NOTARY BLIC 1CJg
My Commission CC315661 My Co 'ssion Expires:
Expires Sep. 06.1997
Bonded by ANB
600.662.6676
NY LOU TU NER
"%'y C CC316661
_.p .06. 1997
dad by
rM0.852 -5876
(Sanford Aem Modelers Agreement)
20
EAGLES NEST GOLF COURSE PR. i
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CENTRAL FLORIDA REGIONAL AIRPORT
Sar4ford Airpor! AuthorityeP.O. Box 818eSanforli Florida 32772 -0818
Phone: (407)322 -7771
Fitz: (407)322 -5834
MEMORANDUM
TO: Mr. Lee Dargue
C/O Sanford Aero Modelers
522 Fuller Avenue
Deltona, Florida 32725
FROM: Robert J. Mattingly
Assistant Director of Aviation
REF: Proposed Airstrip (See Attached)
DATE: December 15, 1993
RECEIVED
JAN 2 81994
OW of SAMFORd
Thank you for checking with the Authority regarding the set -up and use of a
City of Sanford parcel of land for use as a R/C model aircraft flight area. The
Authority has no objection concerning your flight activities at the proposed
airstrip. The Authority does reserve the right to restrict activities in the future
should the flight activities impact airport traffic or be deemed a problem by the
FAA relevant to airport operations.
I
I
ZN r
E aT 53/� Roo AVE.- + SANFORD
.6 Miles
00 17
oa�3
LAKE JESSUP
Sr. JOHNS RIVER
l.M xf Fi '1
NNZ
SANFORD AFRO MODELERS
MULLET
LAKE
ROAD
TO
GENEVA
N
AMA
SINCE 1936
Mr. Lee Dargue
Sanford Aero Modelers
522 Fuller Ave
Deltona, FL 32725 -8317
Dear Lee,
April 20, 1994
We have had our insurance broker, Alexander and Alexander,
review the proposed lease with the City of Deltona, FL. These
comments are only applicable to the insurance section of the lease.
Our comments are summarized in four areas:
1. For a complete review and understanding, the first
sentence, which concerns the matter of indemnity, needs
a legal opinion rather than an insurance opinion. our
broker said that general liability insurance policy will
not provide coverage for anv and all acts or in all
situations the "said afore described acts" as worded in
the insurance section. The AMA's liability policy which
provides standard insurance coverage does provide bodily
injury and property damage liability insurance coverage.
2. The AMA's general liability insurance carrier is Royal
Surplus Lines Insurance Company. They are rated A-
(Excellent) by A.M. Best. The company is licensed in
Connecticut and New York. It operates on a surplus lines
or non admitted basis in D.C. and all states except
Connecticut, New Hampshire, and New York.
3. The AMA liability policy limits are $2,500,000 per
occurrence and $5,000,000 per aggregate per location.
The lease wording used split limits of $2.5 million per
person and $5 million total for more than one person plus
$2.5 million property damage limit. Therefore, their
limit requirement is higher even with different split
limit wording. Meantime, the lease language on limits is
rather outdated and should state combined single limit
(CSL) of $2,500,000.
MQ
la
ACADEMY OF MODEL AERONAUTICS
515 East Memorial D rive Muncie, Indiana 4730 (3 17) 28 7 -1 FA (3 17) 28 9 -4
4. The AMA can provide evidence of insurance by a
certificate or a full policy copy. The City would be
able to be covered under the AMA liability insurance
policy as an Additional Insured which the club can
request.
I trust that this satisfactorily provides your club with the
needed clarification.
Sinc ly
Carl P. Maroney c�
Special Services D ector
CPM \jcc
" Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UWN THE CERTIFICATE HOLDER
THIS CERTIFICATE DOES NOT AMEND. EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
NAME AND ADDRESS OFAGENCY/BROKER:
CERTIFICATE NO:
COMPANIES AFFORDING COVERAGE
ALEXANDER AND ALEXANDER, INC.
R2606
12120 Shamrock Plaza
COMPANY
LETTER A
Royal Surplus Lines Insurance Co.
P.O. Box 3388
COMPANY
B
Omaha, Nebraska 68103 -0388
LETTER
,COMPANY ^
NAME AND ADDRESS OF INSURED:
LETTER C
The Academy of Model Aeronautics, Inc. and/or Affiliated and /or
COMPANY D
LETTER
Associated Chartered Clubs, Chapters, and Members thereof-
5151 E Memorial Drive
COMPANY C
LETTER C
Muncie, IN 47302-9252
This is to certify that policies of insurance listed below have been issued to the insured named above and an info=
at this time. Notwithstanding any requirement, term, or condition of any contractor
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 ,,&
policies.
CO.
TYPE OF INSURANCE
POLICY NUMBER
POLICY
LIMITS OF LIABILITY
LETTER
PERIOD
GENERAL LIABILITY Y
A
x COMMERCIAL FORM
! GENERAL AGGREGATE $5,000,000
1 1C PREMISES- OPERATIONS
3 /31/94
PER LOCATION
'JG EXPLOSION AND COLLAPSE
j KHAO06252
IHRU
X U D RGROUND HAZARD
l
3/31 /95
PRODUCTS COMP /DPS AGGREGATE $5,000,000
IX PRODUCTSICOMPLETED
OPERATIONS HAZARD
X CONTRACTUAL INSURANCE
This certificate cancels and super -
M INDEPENDENT CONTRACTORS
series any previously Issued
EACH OCCURRENCE $2,500,000
certificate of insurance Issued under
C2 CLAIMS MADE FORM
this polity number.
K PERSONAL INJURY
!
X OCCURRENCE FORM
EXCESS UASILrrY
BODILY INJURY AND
U UMBRELLA FORM
El THAN
PROPERTY DAMAGE
$ a.
OTHER
UMBRELLA FORM
I COMBINED ..
WORKERS' COMPENSATION
STATUTORY
' and
EMPLOYERS' UABILTTY
$ (EACH ACCIDENT)
DESCRIPTION OF OPERATION S/LOCATIONS /SPECIAL ITEMS: Lac: SITU, 410 SAKTRD
FL
SANFORD AFRO MO0E;.T;R5 /'1626
LEE VAROUE
522 FULLER AVE
PEI.IONA FL 32725 -8317
ADDITIONAL INSURED: CITY OF SANFORD
i
MAILING ADDRESS OF CERTIFICATE HOLDER: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CITY I)c SANFOREI WILL ENDEAVOR TO MAIL 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLD-
1 0 BOX J '/ 'I'S ER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE_ NO
OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR
'SANcOIfD LL .12772 REPRESENTATIVES.
�DA� / D: JJ i1Rr Ch 10
AUTHORIZED RFPRESENTATIV