1266-Firefighter Training0
LICENSE AGREEMENT FOR USE OF 2890 West Airport BLVD,
Sanford Florida, 32771 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 SANLANDO ACQUISITION LLC (hereinafter referred to as the "Licensor "),
whose address is 2380 West 25 Street, Sanford Fl, 32771
1. General Intent of License /Grant of License. The Licensee is hereby
granted the right to use the building located on the site of 2890 West AIRPORT BLVD
SANFORD 32771 located within the City Limits of the Sanford for the purposes
expressed herein. The building and parking lot 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 hose line advancement 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 building and
parking lot commencing the date of the execution of this License through July 3, 2009.
During those days as specified, the Licensee will use a portion of the building and
parking lot (which shall be adequately isolated from public use by the Licensee).
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
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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 building 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 or 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 parking lot and building 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 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 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 parking lot and building, that no public access to the
parking lot 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 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
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 SANLANDO ACQUISITION
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Investment Group, LLC (hereinafter referred to as the "Licensor "), whose address is
2380 West 25 Street 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:
MEMO 1 , ,
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
LICENSEE
CITY OF SANFORD, FLORIDA
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City Manager or Risk Manager
Dated: dt`J p
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LICENSOR SIGNATURE BLOCK FOLLOWS
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ATTEST.
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Printed Name
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Title
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LICENSOR:
Signature
Printed Name
Title
Date