1628 Ewald Auction @ Mayfair Country Club 1 -
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OFFICE OF HUMAN RESOURCES AND RISK MANAGEMENT Coe:
TRANSMITTAL MEMORANDUM
To: City Clerk
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
1 1 Development Order 1 Mayor's signature
Final Plat (original mylars) n Recording
Letter of Credit Rendering
n Maintenance Bond n Safe keeping (Vault)
Ordinance 1—L1/Record Custodian
n Performance Bond
Resolution
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Once completed, please:
Return original
Return copy
Special Instruction •
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Please advise if you have any questions regarding the above.
Thank you!
J
From Date
T:\Dept_forms\City Clerk Transmittal Memo-2009.doc
AGREEMENT FOR USE OF MAYFAIR COUNTRY CLUB FOR V
AN AUCTION
THIS AGREEMENT (hereinafter "Agreement") 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 the "City"), whose address is 300 North
Park Avenue, Sanford, Florida 32771 and Ewald Auction and Realty, (hereinafter
referred to as the Auctioneer"), whose address is 12472 Lake Underhill Rd., Suite 312,
Orlando, FL 32828.
1. General Intent of Agreement/Grant of Agreement. The Auctioneer is
hereby granted the right to use the Mayfair Country Club located at 3536 Country Club
Road, Sanford, Florida (collectively herein referred to as the "Club") to conduct an
Auction for the disposal of a previous tenant's property.
2. Dates of Auction. The Auctioneer may use the Club commencing no
earlier than 8AM on December 11, 2013 and ending no later than 11:59PM on
December 18, 2013 at a location at the Club as designated by the City This includes
time for set-up, preparation and take down of equipment by the Auctioneer.
3. Agreement Fees/Term/Termination. This non-exclusive Agreement shall
begin and end as stated in paragraph 2. above. The parties may terminate this
Agreement at any time with written notice being provided to the other party at least five
(7) working days In advance of the termination. There shall be no fees assessed
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against the Auctioneer by the City in recognition of the public benefit served and
attained by means of the use of the Club by the Auctioneer.
4. Care and Maintenance. The Auctioneer shall be responsible for any
item within the Club or part of the Club which is damaged during the course of the
Auction by the Auctioneer.
5. Alterations. The Auctioneer shall not, without first obtaining the written
consent of City, make any alterations, additions, or improvements in, to or about the
Club.
6. Ordinances, Statutes, Rules and Regulations. The Auctioneer 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
Club.
7. Assignment. The Auctioneer shall not assign this Agreement without
prior written consent of the City, which may be withheld for any reason. Any such
assignment without consent shall be void and, at the option of the City, it may terminate
this Agreement Agreement.
8. Utilities. All applications and connections for necessary utility services on
the Club shall be made in the name of Auctioneer and only with the consent of the City.
Auctioneer shall be solely responsible for all of its charges and expenses relating to
utility and other services which it may procure.
9. Insurance. Auctioneer will provide the evidence via a Certificate of
insurance for the following insurance coverages and limits:
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a) General Liability: Minimum of $1,000,000 per occurrence/$2,000,000
aggregate, name City as Additional insured;
b) Automobile Liability: Minimum of$1,000,000 Combined Single Limit(CSL)
name City as Additional insured;
c) Workers Compensation with Statutory Limits (Section I), and Employer
Liability(Section II) minimum limits of$500,000/$500,000/$500,000 ;
d) Errors and Omissions: Minimum of $1,000,000 per
occurrence/$2,000,000 aggregate.
e) Any subcontractors to be used shall provide a Certificate of Insurance for
Workers Compensation with Statutory Limits (Section I), and Employer
Liability(Section II) minimum limits of$500,000/$500,000/$500,000 ;
10. Indemnification of City. The City shall not be liable for any damage or
injury to the Auctioneer, or any other person, or to any property, occurring on or in the.
Club which result from the Auction contemplated herein. The Auctioneer hereby, to the
extent and limit permitted by State law, shall hold harmless and indemnify the City 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 City may sustain,
suffer or incur or be required to pay by reason of a loss resulting from the negligent acts
or omissions of the Auctioneer. To the extent and limit permitted by State law, in the
event that any action, suit or proceeding is brought against the City upon any alleged
liability arising out of this Agreement asserted to have resulted from the negligence of
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the Auctioneer, the City shall promptly provide notice in writing thereof to the Auctioneer
by registered or certified mail addressed to the Auctioneer at the address herein
provided. Upon receiving such notice, the Auctioneer, at its own expense, shall
diligently defend the City against such assertions, actions, lawsuits, or proceedings and
take any and all appropriate actions to prevent the obtaining of a judgment against the
City and to otherwise protect the Interests of the City to the extent permitted by State
law. Nothing in this Agreement or any action relating to this Agreement shall be
construed as the City's waiver of sovereign immunity beyond the limits set forth in
Section 768.28, Florida Statutes. Persons employed by the Auctioneer and the agents
of the Auctioneer 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 City's officers and employees. Additionally,
there are no third party beneficiaries to this Agreement.
11. Communication. The parties hereby commit to the implementation and
maintenance of clear, open communication between the Auctioneer and the City.
12. 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 City to
Auctioneer be taken as an estoppel against the City.
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13. No Liens. It is expressly agreed that nothing in this Agreement shall ever
be construed as empowering the Auctioneer to encumber or cause to be encumbered
the title or Interest of City in the Club in any manner whatsoever.
14. 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 Auctioneer shall be directed to Bob Ewald and notices to the
City shall be directed to the Deputy City Manager, Tom George.
15. Controlling Laws/Venue/interpretation. This Agreement is to be governed
by the laws of the State of Florida. Venue for any legal proceeding related to this
Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County,
Florida.
15. 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
CITY SIGNATURE BLOCK FOLLOWS
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ATTEST: CITY OF SANFORD, FL,'RIDA
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Cynthia Porter, City Clerk Jeff Triplett, M.J..
Dated: /2
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Wit) a('
;illiam L. Colbert, ity A"'orney
`"A AUCTIONEER
Bob Ewald
Dated: /a- t 0 1 .
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