1571 Orlando Housing Authority/SFD j 671
RL
LICENSE AGREEMENT
FOR USE OF
FOR PUBLIC SAFETY RELATED TRAINING r.
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 Bumbv Ave. Orlando FI, 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
Redding Garden Apartments (collectively herein referred to as the "building ") for the
purposes expressed herein. The building is assigned Tax Parcel Identification Number
30- 19 -31- 511 -0G00 -0010 by the Seminole County Property
Appraiser. (See the indemnification exhibit hereto which is incorporated herein by this
reference thereto.) The property may be used for Sanford Fire Department
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 City.
2. Dates of Training Sessions. The Licensee may use the building on dates 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 Mr. Flemming , 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 property
exclusively and the Licensor will not be entitled to otherwise use the property
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 property by the Licensee.
4. Care and Maintenance. The Licensee shall not be responsible for any item
within the property or part of the property 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
property .
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 property .
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
property 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
property 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 party may sustain,
suffer or incur or be required to pay by reason of a Toss 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.
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 agreement 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 Mr. Flemming
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 date herein below last written.
ATTEST: LICENSEE:
CITY OF SANFORD, FLORIDA
9 *-eiX c anet R. Doughert`, City Oterk City Manager or ' isk Manager
Approved as to form and legal 4
sufficiency: Date / 30 a.o-v
Kenneth W. McIntosh, Assistant City Attorney
LICENSOR SIGNATURE BLOCK FOLLOWS
ATTEST: LICENSOR:
Si Signature
Printed Name Printed Name
Title Title
Date Date