1046-Use of School for FF TrainLICENSE AGREEMENT FOR USE OF SCHOOL DISTRICT
BUILDING FOR FIREFIGHTER RELATED TRAINING
THIS LICENSE AGREEMENT (hereinafter "License" or "Agreement' as the case
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 fire fighter training, without the use of fire or
other combustible materials, and by means of non - destructive techniques, for the
benefit of the public by training firefighters on various techniques of hosing, emergency
extraction, and numerous and various diverse other skills and techniques necessary for
the safety of the public, as determined by the Licensee.
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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
dates of usage and the Licensee delegates signatory authority to execute such letters
to its Fire Chief and Deputy Fire 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.
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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
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 firefighter 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
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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 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
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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.
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.
LICENSEE
ATTEST:
tenet R. Dougherty, Cit Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY /
/OA/i/ /l
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CITY OF SANFORD, FLORIDA
Brady Lessard Mayor ✓
William L. Colbert, City Attorney
SCHOOL DISTRICT SIGNATURE BLOCK FOLLOWS
SCHOOL DISTRICT OF SEMINOLE COUNTY
(LICENSOR)
ATTEST.
(/ 4 n � v
Ned Julian, qui 4p Dr. ill 4el
Director of Legal ces Superintendent
Dated:_ Dated:
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