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1579* Lake Monroe Harbour Fireworks Agrmt 2017 City Of Sanford/Lake Monroe Harbour, Inc. Letter Of Agreement Extending Memorandum Of Agreement This Letter Of Agreement Extending Memorandum Of Agreement is entered into this 12-- day of G 2017, by and between the CITY OF SANFORD, a Florida municipality(hereinafter referred to as the"City"),whose address is City of Sanford City Hall, 300 North Park Avenue, Sanford, Florida 32771 and LAKE MONROE HARBOUR, INC., a Florida corporation (hereinafter referred to as "Monroe Harbour"), whose address is c/o Charles J. Volk, President, 531 North Palmetto Avenue, Sanford, Florida 32771. The City and Lake Monroe Harbour, Inc. are referred to herein as the "parties" in implementation of the year-to-year agreement of the parties. Whereas, the Fourth of July Fireworks Celebration (hereinafter referred to as the "Celebration") has been historically held yearly on the lakefront of Lake Monroe in Sanford, Florida; and Whereas, the Celebration has included an annual fireworks display; and Whereas, the launch site for the proposed 2017 Fireworks Display is identified in the attached map Exhibit "A"; and Whereas, Exhibit"A" also identifies an area in which preparation, precautions and public safety efforts are necessary pursuant to City, State and Federal regulations for the protection of life and property; and Whereas, Lake Monroe Harbour, Inc., is a tenant operating a Marina dockside,dry storage and boat basin operation within the area described in Exhibit "A"; and Whereas, the City desires to ensure that the premises, property and personnel of the tenant, Lake Monroe Harbour, Inc., are reasonably protected against any and all personal injury and property damage exposure resulting from the Celebration planned to be conducted on the lakefront in Sanford from the launch site identified in Exhibit"A"; and Whereas, the City Staff including the Event Coordinator Supervisor of Special Events, and Manager, City Attorney, Police Sergeant, Fire Department Lieutenant and Risk Management Director have conferred and will, as necessary, confer with the officers, directors, manager and operator of the Lake Monroe Harbour, Inc. in an attempt to identify and consider all of the concerns of the City and the Tenant germane to the Celebration; and Whereas, the parties have concluded after their several discussions to memorializing their several commitments, agreements, covenants and stipulations in the best interests of the parties; and further, for the public good and the protection of life and property in and about the area identified in Exhibit "A" and along the waterfront area of Lake Monroe within the City of Sanford. Now, Therefore, the parties agree and understand as follows with regard to the July 4, 2017 Celebration: 1. The above recitals are true and correct. 2. Lake Monroe Harbour, Inc. agrees as follows: a. To cooperate with the City in consenting to continue the annual planned Fireworks Celebration to be staged, performed and scheduled within the area described in the attached Exhibit"A" for launch of fireworks; and b. To facilitate the relocation and movement of Lake Monroe Harbour, Inc. property located outside the dry storage area to the parking area west of the dry Page 2 of 7 storage facility; and C. To assist with the designation of the security area west of the dry storage facility so as to coordinate twenty-four (24) hour security and surveillance by the City Police Department commencing at 5 PM on July 2, 2017 and continuing until 7 AM. on July 5, 2017; and d. To assist with the designation of exposure areas in and about the Exhibit "A" premises for continuous survey, surveillance and extinguishment control activities of the City's Fire Department; and e. To make available to designated representatives of the City's Recreation Department, Special Events Supervisor, Fire Department and Police Department keys and authorization to enter upon the floating docks in the eastern basin for purposes of preparation, protection and clean up of said areas prior to, during and following the Fireworks Display event; and f. Tender to the City's Risk Management Director a copy of the current Fire, Windstorm Extended Coverage and General Liability Insurance Policy insuring the properties of Lake Monroe Harbour, Inc. against incidents of damage and calamity to persons and property(a copy of Lake Monroe Harbour, Inc. policy shall be attached hereto as Exhibit "B" for ready reference by the parties). 3. The City agrees as follows: a. To provide Lake Monroe Harbour, Inc. with a current and valid and enforceable Certificate of Coverage from its Liability carrier providing the maximum coverage available to the City giving consideration to the needs of Monroe Harbour (copy Page 3 of 7 of the Certificate of Coverage is attached hereto as Exhibit"C"for ready reference by the parties); and b. To provide Lake Monroe Harbour, Inc. with a current, valid and enforceable Certificate of Insurance from, Zambelli Fireworks Manufacturing, Co. or such other provider of fireworks display services as may be engaged by the City from time-to- time, establishing Limits of Coverage providing for coverage to which the City is entitled and providing that Monroe Harbour shall be declared an additional insured on said policy as respects commercial, general liability insurance pertaining to the operations of Zambelli Fireworks Manufacturing Co., or other provider, at the Celebration within the City of Sanford, Florida; and C. Assist Monroe Harbour in designating the security parameters west of the dry storage facility and coordinate to the satisfaction of the needs of Lake Monroe Harbour, Inc. and its properties twenty-four (24) hour security and surveillance under the direction of the Sanford Police Department commencing at 5 AM on July 2, 2017 and continuing until 7 AM on July 5, 2017; and d. Assist Lake Monroe Harbour, Inc. in designating potential extinguishment control areas for management by the City's Fire Department including, but not limited to, the following: I. dry storage exteriors; and ii. dry storage roof which shall be hosed prior to, during and post event for the protection of the dry storage roof and related facilities; and iii. floating docks zone south of the dry storage facility within the Page 4 of 7 eastern harbor area; and iv. all premises leased to,Lake Monroe Harbour, Inc. by the City; and V. all boats, trailers, canopies, vehicles, equipment and personal property in and about the premises of Monroe Harbour shall be protected against exposure to damage by reason of the fireworks used in the Celebration; and vi. perform dud management services as required during and after the Celebration to ensure the safety of persons and property. e. Coordinate and implement clean up to the satisfaction of the parties in areas including, but not limited to, the following: I. dry storage roof and exterior; ii. floating docks and the eastern basin; iii. island area; iv. lake front zone; and V. streets, alleys and travel ways on the island and within to lake front areas. f. Coordinate and implement the restoration of premises and properties to the satisfaction of the parties in areas and zones including, but not limited to, the following: i. south dry storage exterior; ii. additional dry storage areas as needed and identified; iii. all parking areas on the island; iv. boat ramps; Page 5 of 7 V. floating docks in the eastern and western basins; vi. harbor docks; vii. lake front zones; and viii. such other areas as shall be impacted by the event, if any. h. Establish and maintain constant communication between and to the satisfaction of the parties so as to implement control and fulfill their respective responsibilities to each other as described herein; and i. The City shall have full authority and opportunity to abort the event for the protection of life, property and the safety, health and welfare of Monroe Harbour and the citizens of the City of Sanford. 4. Attached hereto for ready reference by the parties, are the below listed maps, photos, policies and renderings, to wit: Exhibit "A" - Launch Zone Identification Photo Exhibit "B" - Lake Monroe Harbour, Inc. Coverage and General Liability Insurance Policy Exhibit "C" - Zambelli Fireworks Manufacturing, Co. Certificate of Insurance Exhibit "D" - Lake Monroe Harbour, Inc. Certificate of Coverage issued by the City Exhibit "E" - Marina Isle Lease/Easement Map Page 6 of 7 5. All other terms and conditions of the underlying agreement between the parties are hereby ratified and affirmed. t. Lake Monroe arbour, Inc. Barbara Arthur Charles J. Valk Secretary President Atte t: City Of Sanford Cynth a Porter, City Clerk Jeff Triplett, Mayor For use and reliance of the Sanford City Commission only. Approved s to form and le Y- 0 . Olbert j#ity Attorney Page 7of7 4 i f x � a r Y, r .. 4 YOW l f L} LAKEM-1 CIP ID A�©/\► DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 05/15/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 407-898-1776 CONTACT Chris St John,CIC,AAI,AIAM NAME: Hugh Cotton Insurance PHONE 407-898-1776 FAX 407-8950918 2315 Curry Ford Road (A/C,No,Ext): (A/C,No): Orlando,FL 32806 EDpAIL .cstjo n ug cotton.Com Tom Sutton INSURERIS)AFFORDING COVERAGE NAIC# INSURER A:Travelers 40282 INSURED Lake Monroe Harbour,Inc. INSURER B:Bridgefield Casualty Insurance 531 North Palmetto Avenue INSURERC: Sanford,FL 32771 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CY INSR TYPE OF INSURANCE IADDLVSD SUBWV.I POLICY NUMBER PMMIDDI EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE [X]OCCUR X ZOL014S30524 07/25/2016 07125/2017 DAMAGE TISESO RENTED $ 50,000 A MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 0/ECT F]LOC PRODUCTS-COMP/OP AGG $ 2:000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO X BAOC82202A 07/25/2016 07/25/2017 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOSBODILYBODILY INJURY Per accident $ AIJT OS ONLY AUUTO�ONLDY Pe�acEandent AMAGE $ $ A X UMBRELLA LIAB LX]OCCUR EACH OCCURRENCE $ 3,000,000 EXCESS UAB 1-1 CLAIMS-MADE ZOB14S30548 07/25/2016 07/25/2017 AGGREGATE $ 3'000'000 DED I X I RETENTION$ 25,000 $ B WORKERS COMPENSATION X SPTEATUTE OTH- AND EMPLOYERS'LIABILITY YIN ER 83013663 04/01/2017 04/01/2018 1,000,000 OFFICEROMPiEMBER EXCLUDED?ECUTIVE ❑ N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached K more space is required) CERTIFICATE HOLDER CANCELLATION CITYSAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sanford ACCORDANCE WITH THE POLICY PROVISIONS. P O Box 1788 Sanford,FL 32772 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD l ® DATE(MM/DD/YYYY) A�1 " CERTIFICATE OF LIABILITY INSURANCE 05/15/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME:CT Michelle Kugler Allied Specialty Insurance,Inc. 10451 Gulf Blvd PHONE 727-547-3070 p/C.No): 727-367-5695 Treasure Island;FL 33706-4814 EMAIL ltd ili k mu ler aes ecia ADDRESS: 9 @ p y'com INSURERS AFFORDING COVERAGE NAIC# INSURERA: T.H.E.Insurance Company 12866 INSURED ZAMBELLI FIREWORKS MFG CO,INC.,ETAL INSURER B: 20 SOUTH MERCER STREET INSURERC: NEW CASTLE PA 16101 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLTYPE OF INSURANCE INSD SUER POLICYNUMBER_ MWDDY EFF MPOMILDDY EXP LIMITS LTR WVD A X COMMERCIAL GENERAL LIABILITY v CPP0103167-04 02/01/2017 02/01/2018 EACH OCCURRENCE $ 1,000,000 /� N CLAIMS-MADE �OCCUR PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ N/A PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 POLICYEIPRO ❑ LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ MBINED A AUTOMOBILE LIABILITY CPP0103167-04 02/01/2017 02/01/2018 EaaccidentSINGLELIMIT $ 1,000,000_ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLALIAB X OCCUR ELP0011081-04 02/01/2017 02/01/2018 EACH OCCURRENCE $ 9,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $ 9,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION X STATUTE ERH A WCP0005125-004 02/01/2017 02/01/2018 AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y❑ N/A Coverage is afforded in the States)of AL, Z,CO,CT,DE, L,GA,IL,IN,OFFICEE.L.EACH ACCIDENT $ 1,000,000 (Mandatory InNEXCLUDED? KS,KY,LA,MD,MI,MN,MO,NC,NE,NJ, V,NY,PA,SC, N,TX,UT,VA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under &WI.Policy does not provide disability ben fits in New York DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Inland Marine/Hull CPP0103167-04 02/01/2017 02/01/2018 Hull Limit $900,000 Show Limit $1,500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Display Date:July 4,2017 Rain Date: Location: Lake Monroe Harbour Marina RE:General Liability,the following are named as additional insured in respects to the negligence of the named insured: City of Sanford,Wharton Smith Inc.,Waste Pro Inc,CPH Engineers,Monroe Harbour Marina Inc,WFTV/WRDQ,Cox Broadcasting,OSSA-Orlando Sanford International Airport, Roses Southwest Inc,GAI Consultants Inc,Solo Media Inc,WUCF 89.9 FM,Central Florida All Star Football Inc,Wayne Densch Inc.-ATIMA. CERTIFICATE HOLDER CANCELLATION City of Sanford PO Box 1788 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Sanford,FL 32772 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. C#514329 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD COVERAGES Z- y f!l b( f ,J 6 " THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0529 COVERAGE PERIOD:FROM 10/1/16 COVERAGE PERIOD:TO 10/1/1712:01 AM STANDARD TIME TYPE OF COVERAGE-LIABILITY TYPE OF COVERAGE-PROPERTY General Liability ® Buildings ® Miscellaneous N Comprehensive General Liability,Bodily Injury,Property Damage and ❑ Basic Form ® Inland Marine Personal Injury N Special Form ® Electronic Data Processing N Errors and Omissions Liability ® Personal Property ® Bond N Supplemental Employment Practice ❑ Basic Form ❑ ® Employee Benefits Program Administration Liability N Special Form ® Medical Attendants'/Medical Directors'Malpractice Liability ® Agreed Amount ® Broad Form Property Damage ® Deductible $25,000 ® Law Enforcement Liability ❑ Coinsurance N/A ® Underground,Explosion&Collapse Hazard ® Blanket ❑ Specific Limits of Liability Replacement Cost "Combined Single Limit ® ❑ Actual Cash Value Deductible Stoploss$25,000 Automobile Liability Limits of Liability on File with Administrator ® All owned Autos(Private Passenger) TYPE OF COVERAGE-WORKERS'COMPENSATION ® All owned Autos(Other than Private Passenger) ® Hired Autos N Statutory Workers'Compensation ® Non-Owned Autos N Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate By Disease Limits of Liability Combined Single Limit ❑ Deductible N/A Deductible Stoploss$25,000 ®Self Insured Retention$200,000 Automobile/Equipment—Deductible N Physical Damage Per Schedule-Comprehensive-Auto Per Schedule-Collision-Auto Per Schedule-Miscellaneous Equipment Other The limit of liability is$200,000 Bodily Injury and/or Property Damage per person or$300,000 Bodily Injury and/or Property Damage per occurrence.These specific limits of liability are increased to$3,000,000 for General Liability and$2,000,000 for Automobile Liability(combined single limit)per occurrence,solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5)Florida Statutes or liability/settlement for which no claims bill has been filed or liability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations/LocationsNehicies/Special Items Re: Insurance verification for July 4u'Festival&Fireworks. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. DESIGNATED MEMBER CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PROGRAM,ITS AGENTS OR REPRESENTATIVES. CITY OF SANFORD PO BOX 1788 SANFORD FL 32772 1788 AUTHORIZED REPRE NTATIV FMIT-CERT(10/96) EXHIBIT "E" c-(9)ct,muW$ _�CAWAII I CO co: 0 O 0, -14 ca c" MEMORIAL PARK— m 00 0 ...ggs2w > A T r m 0 0 z z m ODtnm c, cn cm enccco@m=4 ZZZZ=Zzzgg > 00 0:0 x cp ;a OZ m0000000 O'n M mmmmmmno 'a'o-0 mu'Qcl)22 1 41 C: C4 z "a-0'o w co co W'a"U 0 mmmoo oornm;o m m fn--m m r mm zzzzz 000 C, 0 0 mm I I z z , PUGLIC INGRESS EGRESS EASEMENT 116MT zz ------ -------- 00 IN - ----------- m;u r Or /Z / CS m > m xm On o 0 0-0 D z m c'b 0, m::I L.-04 =Z-M C:z m 20 0 to .......... eAI 19Z CITY OF SANFORD DEPARTMENT OF PLANNING MARINA ISLE AND DEVELOPMENT SERVICES 300 N.PARK AVENUE LEASE / EASEMENT MAP SANFORD.FL 32771 N".