2473 MOU Extension - COS & Lake Monroe HarborCity 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 day of 90:± c_. , 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 'W'; 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:
Barbara Arthur
Secretary
At st:
� &,�
Cynth a Porter, City Clerk
For use and reliance of the
Sanford City Commission only.
Approved s to form and le y.
olbert
ity Attorney
An -4
Lake Monroe arbour, Inc.
C'"'-Vwx
Charles J. Volk
President
City Of Sanford
Jeff Triplett, Mayor
Page 7 of 7