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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