1171-License Agreement for use of 10-8 Drafting PadC I n I
LICENSE AGREEMENT FOR USE OF 10 -8 DRAFTING PAD
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 10 -8 Fire Equipment INC, the owner, landlord and controller of 10 -8 Fire
Equipment at 141 Maritime Drive Sanford Fl, 32771, (hereinafter referred to as the
"Licensor "), whose address is 2904 59 Ave Drive East 115, Bradenton Fl, 34203
1. General Intent of License /Grant of License. The Licensee is hereby
granted the right to use the drafting pad located on the site of 141 Maritime Drive
Sanford Fl, 32771 located within the City Limits of the City of Sanford, Florida
(collectively herein referred to as the "drafting pad ") for the purposes expressed herein.
The parking lot and drafting pad may be used for fire fighter training without the use of
fire or other combustible materials and by means of non - destructive techniques and,
specifically, only, for the purpose of conducting pump training testing for firefighters all
such being for the benefit of the public .
2. Dates of Training Sessions. The Licensee may use the drafting pad and
parking lot commencing the date of the execution of this License through October 31,
2008. During those days as specified, the Licensee will use a portion of the parking lot
and drafting pad exclusively to the drafting pad during training sessions (which shall be
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adequately isolated from public use by the Licensee) and the Licensor will not be
entitled to otherwise use the drafting pad 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 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 parking lot and drafting pad by the Licensee.
4. Care and Maintenance. The Licensee shall be responsible for any item
within the parking lot or part of the parking lot 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.
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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. 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 parking lot which result from the firefighter training contemplated herein. The
Licensee hereby, to the extent and limit permitted by State law, 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 extent and limit
permitted by State law, 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 the 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 interests of
the Licensor to the extent permitted by State law. Nothing in this Agreement or any
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action relating to this Agreement shall be construed as the Licensee's waiver of
sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes.
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 Licensor'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 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 parking lot 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
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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 of Sanford Fire Chief and
notices to the Licensor shall be directed to the Manager 10 -8 Fire Equipment INC.
Manager at 141 Maritime Drive Sanford Fl, 32771
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.
ATTEST
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
LICENSEE
CITY OF SANFORD, FLORIDA
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City Manager br Risk Manager
Dated:
LICENSOR SIGNATURE BLOCK FOLLOWS
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ATTEST:
LICENSOR:
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