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1278-Gun Buy-Back Use of Property ,. " /:lt1( AGREEMENT FOR USE"OF PR0PERTY FOR GUN BUY-BACK THIS AGREEMENT (hereinafter Agreement" as the case may be) is made and entered on the date below written between THE CITY OF SANFORD, FLORIDA, a municipality of the State of Florida (hereinafter also referred to as the "City"), whose address is 815 South French Avenue, Sanford, Florida 32771 and T&R PRODUCE WHOLESALE & TRUCKING, INC. through DORIS M. DENIS, SANFORD STATE FARMERS MARKET, the landlord for T&R Produce Wholesale & Trucking, Inc., (hereinafter referred to as the "Licensor"), whose address is 1400 South French Avenue, Sanford, Florida 32771. 1 . General Intent of Agreement. The City is hereby granted the right to use T&R PRODUCE WHOLESALE & TRUCKING, INC. property located 1400 South French Avenue within the City Limits of the City of Sanford, Florida (collectively herein referred to as the "Sanford State Farmers Market") for the purposes expressed herein. The building and parking lot may be used for a gun buy-back program, specifically for the purpose of removing unwanted firearms from our streets 2. Dates of Gun Buy-Back. The City may use the property commencing the date of August 14, 2009 for this Agreement. During this date as specified, the City will use the property exclusively during 7 A.M. to 7 P.M. (which shall be adequately facilitated for public use by the City). 1 % (~ ~:!~~ I:"...i 'f,,,'"j :::f~: 0.. I:~) .",,1 I~~;! :::::1 0:::1::: r;n 0' e""':J N 3.. Agreement Fees/TerrnfTermination. This non-exclusive Agreement shall begin on the date executed by both parties hereto. The parties may terminate this Agreement at any time with written notice being provided to the other party at least five working days in advance of the termination. There shall be no fees assessed against the City by the Licensor in recognition of the public benefit served and attained by means of the use of the property by the City. 4. Care and Maintenance. The City shall be responsible for any item within the building or parking lot which is damaged during the course of its use by the City. 5. Alterations. The City shall not, without first obtaining the written consent of Licensor, make any alterations, additions, or improvements in, to or about the building. 6. Ordinances, Statutes, Rules and Regulations. The City 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 building and parking lot. 7. Assignment. The City 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 Agreement. 8. Utilities. Utility services in the building shall be made apart of the Agreement by the Licensor. 2 9.' Indemnifications. E""ach 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 building or parking lot 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 of 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 loss 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 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 and to otherwise protect the interests of 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 3 as a waiver of sovereign immunitY beyond ttie limits set forth in Section 768.28, Florida Statutes. Persons employed by the 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 City 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 City 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 City 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 mayor 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 City shall be directed to the City of Sanford's Chief of Police and 4 '^,__,v'~_''''''~~-''''~'';'~~~~~'''''~'."''.''~-~--~.''._'--'''-------- notices to the Licensor shall be directed to T&R PRODUCE WHOLESALE & TRUCKING, INC. 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: CITY OF SANFORD, FLORIDA ~. M'a;:\'- APPROVED AS TO fORM At~B LEGAL SUFFICIENCY LICENSOR T&R PRODUCE WHOLESALE & TRUCKING, INC. . ~/~ Doris M. Denis, Landlord Dated: 8/;3/01 I 5