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R05-108 II I 1 RESOLUTION NO. R 05- I DB 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE EXECUTION OF A LICENSE 6 AGREEMENT BETWEEN THE CITY OF BOYNTON 7 BEACH AND THE LAKE WORTH CHRISTIAN 8 SCHOOL SOCIETY, IN c.; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 12 WHEREAS, the Lake Worth Christian School Society, Inc., has requested the City 13 abandon a piece of property adjacent to a parcel already abandoned by Resolution R97-203 on 14 December 16, 1997. The School needs the additional land described in the License 15 Agreement for proper configuration of its facilities; and 16 WHEREAS, upon recommendation of staff, the City Commission has determined that 17 it is in the best interests of the residents of the City to execute a License Agreement with The 18 Lake Worth Christian School Society, Inc. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby authorize the execution of the License Agreement with The Lake Worth Christian 28 School Society, Inc., a copy of which is attached hereto as Exhibit "A". 29 30 31 ¡ II 1 PASSED AND ADOPTED this ~ day of June, 2005. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 . 20 ~~ 23 LICENSE AGREEMENT Ros - JOe, THIS IS AN AGREEMENT, made this ~day of July , 2005, by and between: THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "CITY" and THE LAKE WORTH CHRISTIAN SCHOOL SOCIETY, INC., a Florida not-for-profit corporation, hereinafter referred to as "LICENSEE". 1. DESCRIPTION OF THE PREMISES CITY hereby grants to LICENSEE the right, license, and privilege of occupying and maintaining certain CITY owned premises and improvements located adjacent to Forest Road in the City of Boynton Beach, 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 terms and conditions set forth in this Agreement. 2. COMPENSA TlON An annual fee of $1.00 shall be made by the LICENSEE for the privileges granted herein. No security deposit is required. 3. TERM This Agreement shall commence July 1 , 2005 and terminate June 30 , 2010, unless terminated prior to said date as provided for herein below, and shall be renewable thereafter upon mutual consent of the parties. 4. USE OF PREMISES LICENSEE shall use and occupy the Premises only for uses associated with the LICENSEE'S school operations, and not for any other purpose whatsoever without the written consent of the CITY. In conjunction with the use of the Premises, LICENSEE shall maintain the grass located on the Premises and both sides of Forest Road adjacent to the Premises, and LICENSEE shall stabilize the grass area in order to provide access for CITY vehicles. LICENSEE shall be responsible for the relocation of any utilities located within the Premises, and shall obtain all necessary government and agency permits and approvals pnor to commencmg any improvements within the Premises. In addition, prior to the relocation of any utilities, LICENSEE shall obtain the consent from all companies that maintain utilities or hold utility easements within the Premises. As part of the license, the CITY permits LICENSEE to install a fence in the Premises so long as the fence does not interfere with the CITY's maintenance vehicles that travel on the Premises. LICENSEE covenants that he will not, without written consem of the CITY, permit the Premises to be used or occupied by any other person, firm, entity or corporation other than LICENSEE or its agents, except in the normal course of use for activities such as, but not limited to, athletic events. LICENSEE further covenants that no nuisance or hazardous trade or occupation 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. 5. ASSIGNMENT LICENSEE shall have no authority to assign any portion of the Premises during the Term of this 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 agrees that all 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. LICENSEE 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 determine if LICENSEE is properly maintaining the Premises according to this Agreement. 8. INDEMNIFICA TION LICENSEE acknowledges that any personal property placed on the Premises is at LICENSEE'S sole risk. LICENSEE shall indemnify and save harmless 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, including 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 require a specific consideration be given therefor. The parties therefore agree that the sum of Ten Dollars and 00/1 00 ($10.00), 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 survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. Page20f6 9. INSURANCE LICENSEE shall provide, pay for, and maintain in force, at all times during the term of this Agreement the kinds and types of insurance as are listed on Exhibit "B". Submission of proof 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 shall 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 LICENSEE. 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 well-reasoned maintenance procedures and techniques. 11. 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 termination 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, LICENSEE 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 full force and effect. 14. TERMINATION This Agreement may be terminated by either party during the term hereof upon sixty (60) calendar days written notice to the other of its desire to terminate this Agreement. Page 3 of6 15. INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the LICENSEE 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 LICENSEE 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 skill necessary to perform 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. F or the present, the LICENSEE and the CITY designate the following 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: The Lake Worth Christian School Society, Inc. 7592 High Ridge Road Boynton Beach, FI 33426 Attn: Mr. John Marino, President Telephone No. (561) Facsimile No. (561) Page 4 of6 17. BINDING AUTHORITY Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal 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 all 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. SEVERABILITY 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 LICENSEE and supersedes all prior negotiations, representations or agreements, either written or oral. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: TO FORM: Page 5 of6 LICENSEE The Lake Worth Christian School Society, Signed and delivered Inc., a Florida not-for-profit corporation in the presence of: ¿k)'~ By / ~ZFfJùs. èJtJ JJItYl-Q 0' Pri Jð h tV lv'Í"-ft I /\J;:; Print Name --º ~ ,;;(: ~ Title: ~€-s. \ De,J~ ~f(L( ,I (2h ~TE1Z. (CORPORA TE SEAL) Print Name STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared :Jð~ ~¥lO who is personally known to me or who has provided as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and is duly authorized to execute the foregoing Agreement on behalf of The Lake Worth Christian School Society, Inc.. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and COUll aforesaid on this '-1 day of -:r ""¿ ~ ,2005.. OffiClAtNarAR /. j /~ kARENSBOSARGE 1 /J " .. SEAL: NOTARYPUBUCSTATEOFFLORIDA . ~ COMM1SSIONNO.DD105351 NOTARY PUBLIC MY COMMISSION EXP. APR. My Commission Expires: J{A-fLf:-7\J S 6ð5M-()l~ Print or Type Name Page 6of6 EXHIBIT "A" REVOCABLE LICENSE USAGE OF RIGHT -OF- WAY UPDATED LEGAL DESCRIPTION A parcel of land, being a portion of the existing right-of-way of Forest Court, according to the Plat of CEDAR RIDGE, A P.U.D. & HIGH RIDGE COMMERCE PARK., A P.I.D., as recorded in Plat Book 46, Pages 58 thru 61, Public Records of Palm Beach County, Florida, as more particularly described as follows: COMMENCING at the Northwest corner of Lot 53, according to the Plat of CEDAR RIDGE ESTATES, P.U.D., as recorded in Plat Book 50, Pages 28 thru 32, Public Records of Palm Beach County, Florida, said comer being also on the South right-of-way line of said Forest Court; thence run due North, a distance of 30.00 feet to the centerline of said Forest Court, and the POINT OF BEGINNING; Thence continue due North, a distance of 30.00 feet to the North right-of-way line of Forest Court and the South line of Lot 35 according to the Plat of CEDAR RIDGE, A P.U.D. & HIGH RIDGE COMMERCE PARK., A P.I.D.; thence run due East along said right-of-way line, a distance of 91.10 feet to a point; thence run North 45° 00' 00" East, a distance of 35.36 feet to a point; thence run South 36° 11' 53" East, a distance of 36.40 feet to a point on the centerline of said Forest Court, thence run South 57° 43' 17" East, along a radial line (and the extension of south line of Lot 45), a distance of 30.00 feet to a point on the South right-of-way line of said Forest Court; thence run along the arc of a curve concave to the northwest, having a central angle of 8° 02' 30" and a radius of 85.00 feet, a distance of 11.93 feet to a point on said South right~of- way line; thence leaving the previous course on a non-tangent bearing of due West (said direction is the tangency centerline extension of said Forest Court), a distance of 155.91 feet to the POINT OF BEGINNING. Said parcel ofland containing 5,076 square feet (0.1165 acre) ofland, more or less. SUBJECT TO a utility easement over the entire parcel of land. Page 1 of2 pages LOT 31 LOT 38 I LOT 32 LOT 37 / SCALE: 1"=60' ( / CEDAR RIDGE I CEDAR RIDGE ES A TES. A P.U.D. ESTA TES. A P.U.D. I / HIGH RIDGE COMME CE PARK. A P.I.D. d I BLOCK 1 III u I LOT 33 LOT 36 nl I II II / II U i LOT 34 LOT 35 s. ~6?1~'5:"\. I 36.40' n ~ NORTH II '- - _30.0~ S. 57043 17 E. II 30.00' LOT 45 P.O.C. - ¡----l I LOT 53 I LOr 55 LOT 54 CEDAR RIDGE I CEDAR RIDGE ESTATES, A P.U.D./ E TATES A P.U.D./ TRACT "B" TRACT "B" I : ¿Or 5;> ill SERVA TION EASEME (0 r</ LOT 57 VERONA LAKE ì 5& ~/ EFF. DATE BOYNTON BEACH PUBUC WORKS DEPARTMENT/ 2PG. ~~ 2 5/25/05 ENGINEERING DIVISION FOREST ROAD R/W REVOCABLE LICENSE AGREEMENT ATTACHMENT City of Boynton Beach Risk Management Division INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (anyone fire) $ 50,000.00 Employees & Officers Med. Expense (anyone person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Fonn Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Fonn Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intennodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Fonn Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined ------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM04 iIß// Revised 101200 I EXN-Ir31 r