1228-Lake Golden Park�4
LICENSE AGREEMENT FOR USE OF
Lake Golden Park
Sanford Airport Authority
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 Sanford Airport Authority hereinafter referred to as the "Licensor "),
whose address is 1200 Red Cleveland Boulevard Sanford FI.32773 1. General
Intent of License /Grant of License. The Licensee is hereby granted the right to use the
lake and building located on the site of Lake Golden Park Sanford FL 32773 located
within the City Limits of Sanford Fl, 32771 for the purposes expressed herein. The
lake and building may be used for Watercraft and water rescue training without the use
of fire or other combustible materials and by means of non - destructive techniques and,
specifically, only, for the purpose of Watercraft Training and 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 lake and building
and parking lot commencing the date of the execution of this License through July 29,
30, 31, 2008. During those days as specified, the Licensee will use a portion of the
lake and building (which shall be adequately isolated from public use by the Licensee).
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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 lake, parking lot and building by the Licensee.
4. Care and Maintenance. The Licensee shall be responsible for any item
within the parking lot or part of the lake and building 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 lake, parking lot and building shall be made in the name of Licensee and only with
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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 lake, parking lot or building 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
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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 lake and building that no
public access to the lake and building 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 lake / parking lot and building 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 Sanford Airport Authority (hereinafter
referred to as the "Licensor "), whose address is 1200 Red Cleveland Boulevard,
Sanford F1.32773
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:
4anet R. Dougherty, City Cler
Dated: (,z'�,i�k �-
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
LICENSEE
CITY OF SANFORD, FLORIDA
/ 06 v
City Manager or Risk Manager
Dated: J446 �`f �Ue
LICENSOR SIGNATURE BLOCK FOLLOWS
5
ATTEST.
�- - . P IMP 5 0
Signature /
Printed Name
LICENSOR:
Signature C-tc"
Printed Name bi o- e- Crews
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l eeLS'e
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Date Date
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