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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