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1124-Firefighter train-S FrenchCorr z - LICENSE OR FIREFIGHTER ELATED TRA NIING THIS LICENSE AGREEMENT (hereinafter "License" or "Agreement' as the case may be) is made and entered on the last date below written between THE F SANFORD, FLORIDA, a municipality of the State of Florida (hereinafter also re ferred to as "Licensee" or the "City "), whose address is 300 North Park Avenue, Sanford, Florida 32771 and Tritech Realty Enterprises, LLC., the owner, landlord and controller of the property on which the parking lot is located, (hereinafter referred to as the "Licensor"), whose address is 27 North Summerlin Ave, Orlando, Florida 32801. 1, General Intent of License /Grant of License. The Licensee is hereby granted the right to use the parking lot located at 700 South French Avenue, Sanford, Florida located within the City Limits of the City of Sanford, Florida (collectively herein referred to as the "parking lot') for the purposes expressed herein. The parking lot may be used for fire fighter training without the use of fire or other combustible materials and by means of non - destructive techniques and, specifically, only, purpose of conducting driving test training for new firefighters all such parking tests training being for the benefit of the public . 2. Dates of Training Sessions. The Licensee may use the parking lot commencing the date of the execution of this License through June 30, 2007. During those days as specified, the Licensee will use all of the parking lot exclusively during 1 training sessions (which shall be adequately isolated from public use by the Licensee) and the Licensor will not be entitled to otherwise use the parking lot 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 (5) 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 parking lot by the Licensee. 4. Care and Maintenance. The Licensee shall be responsible for any item within the parking lot or part of the parking lot which is damaged during the course of training exercises by the Licensee. nsee shall not, without first obtaining the written 5. Alterations. The Lice consent of Licensor, make any alterations, additions, or improvements in, to or about the parking lot. ules and Regulations. The Licensee shall comply g. Ordinances, Statutes, R 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 parking lot. 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. 2 g. Utilities. All applications and connections for necessary utility services on the parking lot 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. g, Indemnifications. Each party shall not be liable for any damage or injury to the other party, or any other person, or to any property, occurring on or in the parking lot which results from the negligent actions of the other party. Each party hereby, to the extent and limit permitted by State law, but without obligation to provide insurance any nature of the other party, shall hold harmless and indemnify the other party 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 other party may sulting from the sustain, suffer or incur or be required to pay by reason of a loss re negligent acts or omissions of the party. To the extent and limit permitt ed by State law, in the event that any action, suit or proceeding is brought against a party upon any alleged liability arising out of this Agreement asserted to have resulted from the negligence of the other party, the party against whom the action, suit or proceeding is brought shall promptly provide notice in writing thereof to the other party by registered or certified mail addressed to the party against whom the action, suit or proceeding is brought at the address herein provided. Upon receiving such notice, the party receiving notice, at its own expense, shall diligently defend the party against whom the action, suit or proceeding is brought against such assertions, actions, lawsuits, or proceedings 3 and take any and all appropriate actions to prevent the obtaining of a judgment against the party against whom the action, suit or proceeding is brought and to otherwise protect the interests of the party against whom the action, suit or proceeding is brought. Nothing in this Agreement or any action relating to this Agreement shall be construed as a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. Persons employed by the a party and the agents of that party 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 other party's officers and employees. Additionally, there are no third party beneficiaries to this Agreement. The parties shall take caution to ensure that, during its operations at the parking lot, that no public access to the parking lot 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. The Licensee shall give the Licensor twelve (12) hours advance notice as to when Licensee intends to use the parking lot. 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 4 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 parking lot 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 of Sanford Fire Chief and notices to the Licensor shall be directed to Mohammed Jaffer, Member of Manhattan Acquisitions, LLC at 27 North Summerlin Ave, Orlando Florida 32801 14. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only in writing signed by both parties. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day hereinabove first written. LICENSEE ATTEST: anet R. Dougherty, ity Clenc CITY OF SANFORD, FLORIDA Linda hn, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Lonnie Groot, City Attorney TRITECH REALTY ENTERPRISES, LLC Dated: _ µit.- rrA�r 2,40 6 M