R04-140
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1 RESOLUTION NO. R 04- t'-l 0
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
5 THE EXECUTION OF THE LICENSE AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH AND THE
7 GUIDED PATH ACADEMY; AND PROVIDING AN
8 EFFECTIVE DATE.
9
10 WHEREAS, upon recommendation of staff, the City Commission has determined that
11 it is in the best interests of the residents of the City to execute a License Agreement with
12 Guided Path Academy to operate a Charter School at the Wilson Recreation Center; and
13
14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
15 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
16
17 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
18 i : being true and correct and are hereby made a specific part of this Resolution upon adoption
19 : ! hereof.
20
21 I Section 2. The City Commission of the City of Boynton Beach, Florida does
22 i ,hereby authorizing execution of the License Agreement with The Guided Path Academy
23 i i attached hereto as Exhibit "A".
24
25 PASSED AND ADOPTED this --.tL day of August, 2004.
26
27 ¡ CITY OF BOYNTON BEACH, FLORIDA
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LICENSE AGREEMENT
THIS IS AN AGREEMENT, made Ibis if#? day oft2u¡d .2004. by and
between:
THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of FJorida, hereinafter referred
to as "CITY"
and
GUIDED PATlIiACADEKY
,
hereinafter referred to as "LICENSEE".
1. DESCRIPTION OF THE PREMISES
CITY hereby grants to LICENSEE the right, license, and priviJege of occupying and maintaining
certain CITY owned premises and improvements located
at , as more particularly described
in Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter referred to
as the "Premises" or "Property"), subject to the teons and conditions set forth in this Agreement.
2. COJ\.1PENSA TION
No payment shall be made by the LICENSEE for the privileges granted herein. No security
deposit is required.
3. TERM ~
This Agreement shall commence ~ud .2004 and terminate
, unless tem1Ïnated pn to saId date as provided for herein
below, and shall be renewable thereafter upon mutual consent of the parties.
4. USE OF PREMISES
UCENSy;'.J,~A.. ~ arid occupy the Premises only
for . 'j1 , and not used for any other purpose
whatsoever witho the written consent of the CITY. liCENSEE covenants that he wíJl not,
without written consent of the CITY, pennit the Premises to be used or occupied by any other
person, finn, entity or corporation other than liCENSEE or its agents. liCENSEE further
covenants that no nuisance or hazardous trade or occupation shall be pennitted and nothing shall
be kept in or about said Premises which wi}) increase the risk of any hazard, fire or catastrophe,
and no waste shan be pennitted or committed upon or any damage done to said Premises.
liCENSEE shan not permit the licensed Premises to be used or occupied in any manner which
will violate any laws or regulations of any governmental authority.
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5. ASSIGNMENT
UCENSEE shall have no authority to assign any portion of the Premises during the Term of this
Agreement. Should UCENSEE attempt to assign this license, then the license shall be
terminated forthwith without prior notice to LICENSEE.
6. DAMAGE TO PREMISES
LICENSEE agrees that an personal property. inventory, or stock placed on the Premises shall
remain the property of liCENSEE. and shall be placed on the Premises at the risk of
LICENSEE. UCENSEE shall give the CITY prompt written notice of any occurrence. loss,
incident or accident occurring on the licensed Premises.
7. INSPECTIONS
CITY. its agents, or authorized employees may enter upon the Premises at all reasonable times
and hours, to examine same to detennine if LICENSEE is properly maintaining the Premises
according to this Agreement.
8. INDEMNIFICATION
LICENSEE acknowledges that any personal property placed on the Premises is at liCENSEE's
sole risk. LICENSEE shall indemnify and save hannJess and defend the CITY, its trustees,
elected and appointed officials. agents. servants and employees from and against any claim,
demand or cause of action of whatsoever kind or nature arising out of error. omission. or
negligent act of liCENSEE, its agents, servants or employees in the use of the Premises. for all
costs, losses and expenses, incJuding but not limited to, damages to persons or property.
judgments and attorneys' fees arising out of or in connection with the uses or operations
permitted under this Agreement.
The parties recognize that various provisions of this Agreement, including but not necessarily
limited to this Section, provide for indemnification by the LICENSEE and requires a specific
consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and
001100 ($lO.()O), receipt of which is hereby acknowledged. is the specific consideration for such
indemnities, and the providing of such indemnities is deemed to be part of the specifications with
respect to the services to be provided by LICENSEE. Furthermore, the parties understand and
agree that the covenants and representations relating to this indemnification provision shall serve
the term of this Agreement and continue in full force and effect as to the party's responsibility to
indemnify.
9. INSURANCE
UCENSEE shalJ provide, pay for. and maintain in force, at all times during the term of this
Agreement the kinds and types of insurance as are ]isted on Exhibit "B". Submission of proof
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of insurance coverage shall be submitted to the City's Risk Manger as a condition precedent to
occupancy. Failure to submit proof of continuing coverage, when requested by the City's Risk
Manager shaH constitute grounds for immediate termination of this agreement.
10. MAINTENANCE OF LICENSED PREMISES AND UTILITIES
CITY agrees to provide janitorial services and electricity to the Premises at no additional cost.
LICENSEE shall be responsible for providing and paying for all costs associated with telephone
and facsimile equipment and any other utility costs and expenses associated with equipment
placed on the Premises by UCENSEE. The LICENSEE agrees to maintain the Premises and all
personal property placed thereon in accordance with the terms and conditions of this Agreement
and consistent with prudent and wen-reasoned maintenance procedures and techniques.
II. AMENDMENTS
It is agreed that no modifications, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
12. SURRENDER UPON TERMINATION
Upon the conclusion of the term, or upon tennination of this Agreement, liCENSEE agrees to
peaceably surrender and deliver the premises to the CITY in substantially the same condition as
it was delivered to LICENSEE at the beginning of this Agreement, ordinary wear and tear
excluded.
Furthermore, UCENSEE agrees to remove from the Premises at their expense, any personal
property or inventory placed therein. Upon completion of removal the condition of the Premises
shall be safe and not a hazard.
13. WAIVER
Failure of the CITY to insist upon strict performance of any covenant or condition of this
Agreement, or to execute 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 fun force and effect.
14. TERMINATION
This Agreement may be tenninated by either party during the term hereof upon sixty (60)
calendar days written notice to the other of its desire to tenninate this Agreement.
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15. INDEPENDENT CONTRACfOR
This Agreement does not create an employee/employer relationship between the parties. It is the
intent of the parties that the UCENSEE is an independent contractor under this Agreement and
not the CITY's employee for all purposes, including but not limited to, the application of the Fair
Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution
Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal
Revenue Code, the State Workers Compensation Act, and the State unemployment insurance
law. The liCENSEE shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out LICENSEE's activities and responsibilities hereunder. The UCENSEE
agrees that it is a separate and independent enterprise from the CITY, that it has full opportunity
to find other business, that it make its own investment in its business, and that it will utilize a
high level of skin necessary to perfonn the work. This Agreement shall not be construed as
creating any joint employment relationship between the LICENSEE and the CITY and the CITY
will not be liable for any obligation incurred by LICENSEE, including but not limited to unpaid
minimum wages and/or overtime premiums.
16. NOTICES
Whenever any party desires to give notice unto any other party, it must be given by written
notice, sent by registered United States mail, with return receipt requested, hand delivery or
facsimile transmission with receipt of delivery, addressed to the party for whom it is intended
and the remaining party, at the places last specified, and the places for giving of notice shall
remain such until they shall have been changed by written notice in compliance with the
provisions of this section. Notice shall be deemed to have been given upon receipt. For the
present, the UCENSEE and the CITY designate the fonowing as the respective places for giving
of notice:
CITY: City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
Attention: City Manager
Copy To: James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
LICENSEE:
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17. BINDING AUTHORITY
Each person signing this Agreement on behalf of either party individually warrants that he or she
has fun Jegal power to execute this Agreement on behalf of the party for whom he or she is
signing. and to bind and obligate such party with respect to alJ provisions contained in this
Agreement.
18. LA WS AND ORDINANCES
LICENSEE shall observe all laws and ordinances of the CITY, county, state, federal or other
public agencies directly relating to the operations being conducted on the Premises.
19. SEVERABll..ITY
If any provision of this Agreement or application thereof to any person or situation shall to any
extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of
such provisions to persons or situations other than those as to which it shall have been held
invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect,
and be enforced to the fullest extent permitted by law.
20. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm
Beach County, Florida.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the CITY and the
UCENSEE and supersedes all prior negotiations, representations or agreements, either written or
oral.
THE REMAINDER OF THIS PAGE
HAS INTENTIONALLY BEEN LEFT BLANK
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
APPROVED AS TO FORM:
~ 1/ ck-ifn«-
ffice of the City Att ey
Signed and delivered
in the presence of:
~~~
~/f'!é5 W/-/J/¿Ç ~
Print Name
~~¡¿~
~an/1 / ~ c\ 60/1/6
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this ~3d.. day of ~b~ 2004, before me ~er~o~ally
appeared-=r;t:Y"\~~ kr-d~ ' personally known to be the mdlvldual
who executed the for~going instrument and acknowledged before that he executed the same for
the purposes therein, IS personally known to me or produced
tification.
iAOU,.'1A BOOJE
-= ~ ". - "* rII Aañda Not Public, State o~orida
z~ Mr~e.-Ftb23.2ID
. e§mmi..ion' 00071317 LR1}IA'- /f-tT 0 IÄ l ¿
DO/jli8il1)' HItIon8/ Notary Alan. Print Name:
Commission No.
Commission Expires:
/ Page 7 of9
Exhibit "nil
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.' THIS BINDER IS A TEM~E CONTRACT, SUB.JEC. T TO THE CONDITIONS SHOWN ON THE REVERSE SIDE' OF THIS FORM
¡ROÕUCER-~ ---------- : ( =~:~:'c: --1 COM~::tilus Insp Cp. ¡ ~N~~~234
I eFFECllvt: j ~RATION
B I . L----- DATE I TIME '. DATE i TIME
arnes nsurance Services, Inc. ¡ j . ¡ ~ AM ' ! Jf¡ 12:01 At.
i 3003 S. Congress Ave., Suite 10 I 7-:-30-04 i -11100 . î PM I 7-30-05 n NOON
!! lake Worth. FL 33461 __ -J 'I' THISBlNDERISISSUEOTOEXTENDCOVERAGEINTHEABOVENAMEDCOMPANY
.---- . ... ! 'PER EXPIRING POUCY':
¡ CODE: I SUB CODE:
~-- - ---------- DESCRIPTION OF OPERATIONSfV£ttlCl.ESIPROPERTY (IncIucIIngløc:allon)
CUSTOMER ID:
INSURED --
I Guided Path Academy Charter School
I Wi! .
i Gui~ Path Academy Chartér School . son Reacreat10nCenter
13"9~ Secreat Blvd . C1.ty of ~ton Bch. Fl 33435
! I 311 N. W, 12th Ave
'Þn' ~:.."
r~ ".., - ."o.._I.~~~;i::;11:l,.
. PROPeRTY
Charter School ¡ Gen. Liability 1,000,000 80/20
School LeaðE>rs E&O Liabt 1000
Fideli Liability I 500,000
UABRJTY COVERAGE/FORMS EACtt OCCURRENCE AGGREGA"Æ
I SCHEDULED FORM LJ COMPREHENSNE FORM ,. 800IL Y INJURY S $
I PREIIIISESIOPERATlONS PROPERTY DAMAGE S $
U PRODUCTSICOMPlETED OPERATKJNS· ¡ 61 & PD COMBINED S $
~! CONTRACTUAl' PER PERSON $
. MEDICAl PAYMENTS
OTHER: PER ACCIDENT $
: M.EDICAl PAYMENTS PERSONALINJUAY $
j PERSONAl I~RY FORM: $
. - - IBILE UABIUTY COM6INED SINGLE UMIT $
IY AUTO BOOIl Y I~RY (Per pIIfSOn) $
L OWNED AUTOS 800IL Y INJURY (Per accidenI) $
I SCHEDULED AUTOS PROPERTY DAMAGE $
HIRED AUTOS MEDICAl PAYMENTS $
NON-OWNED AUTOS PERSONAL INJURY PROT $
GARAGE LIABIlITY UNINSURED MOTORIST $
$
AUTO I't«SICAL DAIMGE DEDUCTIBlE ALl VÐfICLES SCHEDUlEO VEHICLES ...croAt. CASH VAlUE
" I COLlISION: STATED AMOUNT $
OTHER THAN COL: OTJER
EXCESS UABIUTY EACH OCCÜRRENCE $
UNBRalA FORM AGGR:EBATF_ _ - -- $
OTHER THAN UMBRElLA FORM SELF~ REfšI'ITtOH $
STA1UTORY UUITS '1
WORKER'S COMPENSATIOH I EACH ACCIDENT $ ¡
AND .
EMPLOYER"S UABIUTY I DISEASE· POlICY UMIT $
DISEASE - EACH EMPlOYEE S
SP£CIAL
COHDITIONS/
OTHER
COVERAGES
.....~ .Þ- . ,." ;." .r...,. ,. ";,. ';""'¡
City of Boynton
Wilson Recreation Center
311 Nw 13th Street
Boynton Beach, Fl 33435
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