R94-107RESOLUTION NO. R94-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A LICENSE AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND THE
GREATER BOYNTON BEACH CHAMBER OF COMMERCE
IN CONJUNCTION WITH THE CHAMBER'S ANNUAL
SEAFOOD FESTIVAL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, hereby deems it to be in the best interests of
the citizens and residents of the City to execute a License
Agreement with the Greater Boynton Beach Chamber of Commerce,
for the use of a 10 acre parcel of land, pursuant to the
Agreement attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby
authorized to execute a License Agreement between the City of
Boynton Beach and the Greater Boynton Beach Chamber of
Commerce, which Agreement is attached hereto as Exhibit "A".
Section 2. That this Resolution shall
effective immediately upon passage.
PASSED AND ADOPTED this ~/ day of June, 1994.
become
CITY OF BOYNT~N BEACH, FLORIDA
Mayor ~
ATTEST:
City Clerk
(Corporate Seal
Vice Mayor
Commissioner
Authsig.doc
BBC.S/Fest.
8/12/94
LICENSE AGREEMENT
THIS IS AN AGREEMENT, made this ~
and between:
day of
1994, by
CITY OF BOYNTON BEACH, a municipal corporation organized and
existing under the laws of the State of Florida, hereinafter referred to
as the "CITY",
and
THE GREATER BOYNTON BEACH CHAMBER OF COMMERCE, hereinafter.
referred to as the "LICENSEE".
In consideration of the mutual promises and covenants contained
in this Agreement and other' valuable consideration the receipt and
adequacy of which is hereby acknowledged and agreed between the parties
as follows:
1. DESCRIPTION OF PREMISES:
CITY hereby grants to LICENSEE, the right, license and privilege
of occupying and maintaining certain CITY owned premises and any
improvements thereon located on the property legally described in
Exhibit "A" attached hereto and incorporated herein (hereinafter
referred to as the "Premises").
2. TERM:
The term of this License Agreement shall run for two (2) days
from September 24, 1994 through September 25, 1994, unless terminated
prior to said date as provided for hereinbelow, or extended by written
mutual agreement by the parties hereto.
3. COMPENSATION:
No payment shall be made by the LICENSEE for the privileges
granted herein'
4. USE OF PREMISES:
LICENSEE shall use and occupy the Premises only for Seafood
Festival & Fishing Tournament. The Premises shall not be used for any
other purpose whatsoever without written consent of the CITY. LICENSE
covenants that it will not, without written consent of the CITY, permit
the Premises to be used or occupied by any person, firm, entity or
corporation other than LICENSEE, its agents, employees or invitees.
LICENSEE further covenants that no nuisance or hazardous trade or
occupation shall be permitted or carried on in or upon said Premises, no
act shall be permitted and nothing shall be kept in or about said
Premises which will increase the risk of any hazard, fire or
catastrophe, and no waste shall be permitted or committed upon or any
damage done to said Premises. LICENSEE shall not permit the licensed
Premises to be used or occupied in any manner which will violate any
laws or regulations of any governmental authority.
conditioned upon the following:
Further use is
A. LICENSEE must provide a minimum of eight (8) volunteers to
set up stage on Friday and to take down stage on Monday;
B. CITY will provide six (6) sets of bleachers;
C. Parking will be in the west and south sector of premises.
On site parking shall require proper controls including attendants to
insure proper lay-out for ingress and egress. The City shall not be
responsible for any damage to vehicles, towing fees, or other claims.
D. LICENSEE will develop property to a condition safe for
public use, with all improvements to remain on site after the event;
5. ASSIGNMENT:
LICENSEE shall have no authority to assign any portion of the
Premises during any term of this License Agreement. Should LICENSEE
attempt to assign this License, then the License shall be terminated
forthwith, without prior notice to LICENSEE.
6. DAMAGE TO PREMISES:
LICENSEE shall give the CITY, or its agent, prompt written notice
by certified mail of any occurrence, incident or accident occurring on
the licensed Premises.
7. INSPECTION:
The CITY, its agents or authorized employee may enter upon the
Premises at all reasonable times and hours, to examine same to determine
if LICENSE is properly maintaining the Premises according to this
License Agreement.
8. INDEMNIFICATION:
LICENSEE shall indemnify, defend and hold harmless the CITY, its
officers, agents and employees from and against any and all claims, suit
actions, damages, liabilities, expenditures, or causes of action of any
kind arising from this License Agreement and resulting or accruing from
any negligent act, omission or error of LICENSEE, resulting in or
relating to, injuries to body, life, limb, or property sustained in,
about or upon the licensed Premises or improvement thereto, or arising
from the use of the Premises.
LICENSEE shall defend, at its sole cost and expense, any legal
action, claim, or proceeding instituted by any person against the CITY
as a result of any claim, suit or cause of action accruing from this
License Agreement, for injuries to body, life, limb or property as set
forth above.
LICENSEE shall save the CITY harmless from and against all
judgment, orders, decrees, attorneys' fees, costs, expenses and
liabilities incurred in and about any such claim investigation or
defense thereof, which may be entered, incurred or assessed as a result
of the foregoing.
The covenants and representations relating to this
indemnification provision shall survive the term of this Agreement and
continue in full force and effect as LICENSEE'S responsibility to
indemnify the CITY, its officers, servants, agents and employees for
occurrences occurring during the term of this Agreement.
The execution of this Agreemen= by the LICENSEE shall obligate
the LICENSEE to comply with the foregoing indemnification provision;
however, the collateral obligation of insuring this indemnity must be
satisfied as set forth in Section 9 below.
The parties recognize that various provisions of this Agreement,
including but not necessarily limited to this section, provide for
indemnification by the LICENSEE and that Florida Statutes, Section
725.06 requires a specific consideration be given therefor. The parties
therefore agree that the sum of TEN AND 00/100 DOLLARS ($10.00) receipt
of which is hereby acknowledged, and the mutual considerations and
obligations contained in this Agreement are the specific consideration
for such indemnities, and the providing of such indemnities is deemed to
be a part of the specifications with
respect to this Agreement.
9. INSURANCE:
Without limiting any of the other obligations or liabilities of
LICENSEE, LICENSEE shall provide, pay for and maintain in force the
insurance coverages set forth in this section, at all times for the
services to be performed under this License Agreement, as will assure
the CITY the protection contained in the foregoing indemnification
Provision undertaken by the LICENSEE.
ao
Bo
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Workers' Compensation: If LICENSEE falls under the State
of Florida Workers' Compensation Law, coverage shall be for
statutory limits in compliance with the applicable state
and federal laws. The policy must include Employer's
Liability with a limit of $100,000 each accident.
Comprehensive General Liability: Shall have minimum limits
of $500,000 per occurrence Combined Single Limit for'Bodily
Injury Liability and Property Damage Liability, including
Premises and Operations. Also a Liquor Liability policy
with minimum limits of $500,000 is required.
Business Auto Policy: Not required unless there is a
specific relationship to the LICENSEE/USE Agreement. If
required, the same limits listed under Comprehensive
General Liability shall apply. This shall include, Owned
Vehicles, Hired and Non-owned Vehicles, and Employee Non-
ownership.
3
Dw
Deductibles and Self-Insured Retentions: Any deductibles
or self-insured retentions must be declared to and approved
by the City. At the option of the City, either the insurer
shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials,
employees or volunteers; or the Contractor shall procure a
bond guaranteeing payment of losses and related
investigation, claims administration and defense expenses.
Special Requirements:
The policies are to contain or be endorsed to contain the
following provisions:
The City of Boynton Beach, its officers, officials,
employees and volunteers shall be included as an Additional
Insured on both the Comprehensive General Liability and
Business Auto Liability Policies. The coverage shall
contain no limitations on the scope of protection afforded
to the City, its officers, officials, employees or
volunteers.
Be
An appropriate Hold Harmless Clause shall be included:
Note: If it is determined by the City Manager that the
purchasing of insurance is not required, the LICENSEE must
still sign an approved Hold Harmless Clause relieving the
City of any and all legal liability.
Current, valid insurance policies meeting the requirements
herein identified shall be maintained during the duration
of the named project and shall be endorsed to state that
coverage shall not be suspended, voided or cancelled by
either party, reduced in coverage or in limits except after
thirty (30) days prior written notice by certified mail,
return receipt requested, has been given to the City.
De
It shall be the responsibility of the LICENSEE to insure
that all Sub-Licensees/Users comply with the same insurance
requirements that he is required to meet.
The LICENSEE shall inform his insurer to furnish, directly
to the City of Boynton Beach, Certificates of Insurance
with original Endorsements affecting coverage required
within. The Certificates and Endorsements for insurance
policies are to be signed by a person authorized by that
insurer to bind coverage on its behalf and transmitted to
Risk Management with attached transmittal correspondence
displaying insurer's letterhead. Certificates are to be
received and approved by the City before activity
commences. The City reserves the right to require
complete, certified copies of all required insurance
policies at any time.
4
F. The LICENSEE'S insurance coverage shall be primary
insurance as respect to the City, its officers, officials,
employees and volunteers. Any insurance or self-insurance
maintained by the City shall be excess of the LICENSEE'S
insurance and shall not contribute to it.
10. MAINTENANCE~ REPAIR AND ALTERATION OF LICENSED PREMISE~;:
It shall be the responsibility of LICENSEE to keep the licensed
Premises clean, Sanitary and f~ee fro~ trash and debris. The upkeep and
maintenance of all area herein licensed by CITY to LICENSES shall be
borne by LICENSEE, and LICENSEE agrees to maintain the licensed Premises
and any improvements thereon in accordance with the terms and conditions
of this License Agreement and consistent with prudent and well-:reasoned
maintenance procedures and techniques. LICENSEE is expressly prohibited
from commencing any alterations of the Premises without the prior
written approval of the CITY.
11. AMENDMENTS:
· ~[_:~m%%~%nt. or_~lteration of the terms or
conditi
an oz equal dignity herewith. ,
12. SURRENDER UPON TERMINATION:
LICENSES shall peaceably surrender and deliver the licensed
Premises to the CITY or its agents immediately upon expiration of the
License term.
LICENSEE shall remove from the licensed Premises, at LICENSEE'S
own expense, any fixtures or improvements placed upon the licensed
Premises that the CITY does not desire to have left on the premises.
Upon completion of said removal, the condition of the Premises shall be
such that it is safe and not a hazard.
13. WAIVER:
Failure of the CITY to insist upon strict performance of any
covenant or condition of this License, or to exercise any right herein
contained, shall not be construed as a waiver or relinquishment for the
future of any such covenant, condition or right; but the same shall
remain in full force and effect.
None of the conditions, covenants or provisions of this License
Agreement shall be waived or modified except by the parties hereto in
writing.
14. TERMINATION:
This License Agreement may be terminated by CITY or LICENSEE
during the term hereof upon thirty (30) days written notice to the other
of its desire to terminate this License Agreement.
5
15. NOTICES:
Any notice or demand, which under the terms of this License
Agreement or by any statute or ordinance, given or made by a party
hereto shall be in writing and shall be given by certified or registered
mail sent to the other party at the address set forth below, or to such
other address as such party may from time to time designate by notice.
Notice to the CITY shall be addressed to:
City of Boynton Beach
Office of the City Manager
P.O. Box 310
Boynton Beach, FL 33425
Notice to the LICENSEE shall be addressed to:
The Greater Boynton Beach
Chamber of Commerce
639 East Ocean Avenue
Boynton Beach, FL 33425
16. ~NTIRE AGREEMENT:
This License Agreement embodies the entire agreement between the
parties. It may not be modified or terminated except as provided
herein. If any provision herein is valid, it shall be considered
deleted herefrom, and shall not invalidate the remaining provisions.
17. LAWS AND ORDINANCES:
LICENSEE shall observe all laws and ordinances of the county,
state and federal agencies directly relating to the operation of the
Premises.
18. COPIES OF LICENSE AGREEMENT:
This License Agreement shall be executed in two (2) original
copies, each copy of which, bearing original signatures, is to have the
force and effect of an original document.
19. NONRECORDATION OF AGREEMENT:
This License Agreement shall not be recorded in the Public
Records of Palm Beach County, Florida.
IN WITNESS OF THE FOREGOING, the parties have set their hand and
seals the day and year first above written.
ATTEST:
(Seal)
STATE OF FLORIDA )
CITY OF BOYN~ON BEACH
THE GREATER~BO¥~ONBEACH'
COUNTY OF PALM BEACH)
BEFORE ME, an officer duly authorized by law to administer oaths
and take acknowledgements, personally appeared
~,~%-~ v t ~ L. ~c~] , President of the Greater Boynton Beach
Chamber of Commerce anc~ who being duly sworn, acknowledged that he
executed the foregoing License Agreement.
WITNESS my hand
~_ , 199~
My Commission Expires:
and official seal this ~ day of
t a'~y~u~ 1 i c
G~, ~,e GAYTHA D. THO MAS
&~".~.~ ~. Commissien #CC 1675~
z ~ ~h~resMara 18, 19~
%~ Bonded
LIC.AGR
4/19/94