1148-Shoemaker Construction-Firefighter TrainingLICENSE AGREEMENT FOR USE OF 2507. 2511 and 2529 OLD LAKE
MARY ROAD 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 Shoemaker Construction P. O. Box 1885 Sanford Florida 32772, 2507,
2511, and 2529 Old Lake Mary Road, Sanford, Florida 32773. General Intent of
License /Grant of License. The Licensee is hereby granted the right to conduct live fire
training located within the City Limits of the City of Sanford, Florida for the purposes
expressed herein. The structures will be used for fire fighter training with the use of
combustible materials in accordance with NFPA1403, and burned to the ground.
2. Dates of Training Sessions. The Licensee may use the property from
February 12 2007 to March 9 th 2007. During those days as specified, the Licensee will
use all of the parcels 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 parcels 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 seven
(7) working days in advance of the termination. There shall be no fees assessed
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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 2507, 2511, & 2529 Old Lake Mary Road, Sanford, Florida 32773, 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.
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 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.
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.
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 parking
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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
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
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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.
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
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 said addresses 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
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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 the President of the Shoemaker.
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 day hereinabove first written.
LICENSEE
ATTEST:
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anet R. Dougherty, tity Cle
CITY OF SANFORD, FLORIDA
Lind4Krn, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
William L. Colbert, City Attorney
LICENSOR SIGNATURE BLOCK FOLLOWS
Alan Dean Shoemaker
Presid t
Dated:
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