1037-Agrmt for School Dist BuilLICENSE AGREEMENT FOR USE OF SCHOOL DISTRICT
BUILDING FOR LAW ENFORCEMENT RELATED TRAINING
THIS LICENSE AGREEMENT (hereinafter "License" or "Agreement' as the case
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may be) 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 "Licensee' or the "City "), whose address is 300 North Park Avenue, Sanford, Florida
32771 and SEMINOLE COUNTY SCHOOL DISTRICT, a agency of State government,
(hereinafter referred to as the "Licensor "), whose address is 400 West Lake Mary
Boulevard, Sanford, Florida 32773 -7127.
1. General Intent of License / Grant of License. The Licensee is hereby granted
the right to use the building and land , commonly know as the "Old School Board Building ",
located at the intersection of Mellonville Avenue and Celery Avenue in the City Limits of
the City of Sanford, Florida (collectively herein referred to as the "building ") for the
purposes expressed herein. The building is assigned Tax Parcel Identification Number 30-
19-31- 300 - 0130 -0000 by the Seminole County Property Appraiser. (See the exhibit hereto
which is incorporated herein by this reference thereto). The building may be used for law
enforcement training for the benefit of the public by the Licensee.
2. Dates of Training Sessions. The Licensee may use the building on dates that
are mutually agreed to by the Licensor and the Licensee in a letter drafted for such
purpose on each occasion that dates are desired to be established by the parties. The
Licensor delegates to Ned Julian, Esquire the authority to execute letters providing for
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dates of usage and the Licensee delegates signatory authority to execute such letters to
its Police Chief and Deputy Police Chief. During those days as specified in such letters,
the Licensee will use all of the building exclusively and the Licensor will not be entitled to
otherwise use the building in any way.
3. License Fees/Term/Termination. This non - exclusive License Agreement
shall begin on the date executed by both parties hereto. The parties may terminate this
License 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 against the
Licensee by the Licensor in recognition of the public benefit served and attained by means
of the use of the building by the Licensee.
4. Care and Maintenance. The Licensee shall not be responsible for any item
within the building or part of the building which is damaged during the course of training
exercises.
5. Alterations. The Licensee 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 Licensee 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.
7. Assignment. The Licensee shall not assign this Agreement without prior
written consent of the Licensor, which may be withheld for any reason. Any such
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assignment without consent shall be void and, at the option of the Licensor, it may
terminate this License Agreement.
8. Utilities. All applications and connections for necessary utility services on
the building shall be made in the name of Licensee and only with the consent of the
Licensor. Licensee shall be solely responsible for all of its charges and expenses relating
to utility and other services which it may procure.
9. Indemnification of Licensor. The Licensor shall not be liable for any damage
or injury to the Licensee, or any other person, or to any property, occurring on or in the
building which result from the law enforcement training contemplated herein. The Licensee
hereby, to the extent and limit permitted by State law, shall hold harmless and indemnify
the Licensor 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
Licensor may sustain, suffer or incur or be required to pay by reason of a loss resulting
from the negligent acts or omissions of the Licensee. To the extent and limit permitted by
State law, in the event that any action, suit or proceeding is brought against the Licensor
upon any alleged liability arising out of this Agreement asserted to have resulted from the
negligence of the Licensee, the Licensor shall promptly provide notice in writing thereof
to the Licensee by registered or certified mail addressed to the Licensee at the address
herein provided. Upon receiving such notice, the Licensee, at its own expense, shall
diligently defend the Licensor against such assertions, actions, lawsuits, or proceedings
and take any and all appropriate actions to prevent the obtaining of a judgment against the
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Licensor and to otherwise protect the interests of the Licensor to the extent permitted by
State law. Nothing in this Agreement or any action relating to this Agreement shall be
construed as the Licensee's or the Licensor's waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes. Persons employed by the Licensee and
the agents of the Licensee 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 Licensor's officers and employees.
Additionally, there are no third party beneficiaries to this Agreement. The Licensee shall
take caution to ensure that, during its operations at the building, that no public access to
the building occurs and that access is limited to those persons engaging in the Licensee's
training operations.
10. Communication. The parties hereby commit to the implementation and
maintenance of clear, open communication between the Licensee 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 Licensee 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 Licensee to encumber or cause to be encumbered the title
or interest of Licensor in the building in any manner whatsoever.
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13. 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 Licensee shall be directed to the City Manager and notices to the
Licensor shall be directed to Ned Julian, Esquire, Director of Legal Services.
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:
Q2, - �I,1
anet R. Dougherty, aity Cler
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
_]'E
William L. Colbert, City Attorney
LICENSEE
CITY OF SANFORD, FLORIDA
Brady Lessard, yor
SCHOOL DISTRICT SIGNATURE BLOCK FOLLOWS
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SCHOOL DISTRICT OF SEMINOLE
COUNTY, FLORIDA (LICENSOR):
rE
� STB
Dr. Bill ogel S perintendent
0. -t-oo
Ned Julian, Esquire V
Diregtor Legal Services
Dated: �
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