1203-License Agrmt-2910 S. Orlando Dr.LICENSE AGREEMENT FOR USE OF 2910 South Orlando Dr.
Sanford Fl, 32773 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 Dr. Neil R. Euliano 4976 Courtland Loop Winter Springs, FI 32708
(hereinafter referred to as the "Licensor "), 1. General Intent of License /Grant
of License. The Licensee is hereby granted the right to use the building located at
2910 South Orlando Dr. Sanford Fl, 32773 located within the City Limits of the City of
Sanford, Florida for the purposes expressed herein materials and by means of non-
destructive techniques and, specifically, only, for the purpose of conducting search and
rescue training testing for firefighters all such being for the benefit of the public .
2. Dates of Training Sessions. The Licensee may use the building and
parking lot commencing the date of the execution of this License through January 14
2008 to February 8th, 2008. During those days as specified, the Licensee will use a
portion of the building (which shall be adequately isolated from public use by the
Licensee) and the Licensor will not be entitled to otherwise use the building 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)
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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 building or 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 building or 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 building or 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.
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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 building or 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 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'
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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 building or 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 building or 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
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 Dr. Neil R. Euliano 4976 Courtland Loop
CI
Winter Springs, Fl 32708 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
anet R. Dougherty, Cit Clerk
Dated:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
LICENSEE
CITY OF SANFORD, FLORIDA
City Manager or Risk Manager
Dated: �� !/ Asvvl
LICENSOR SIGNATURE BLOCK FOLLOWS
ATTEST.
Signature
LICENSOR:
Signature
PP-, x S e ► L. Cu L- 'fX n
Printed Name Printed Name
PCI,wevy-
Title
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Date
Title
Date