R05-108
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1 RESOLUTION NO. R 05- I DB
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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.
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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.
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20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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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".
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1 PASSED AND ADOPTED this ~ day of June, 2005.
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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:
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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
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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
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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.
-
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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.)
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TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED
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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
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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
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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
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Excess Liability Each Occurrence to be determined
Umbrella Fonn Aggregate to be determined
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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
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Property
Homeowners Revocable Permit $ 300,000.00
Builder's Risk Limits based on Project Cost
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Other - As Risk Identified to be determined
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INSURANCEADVISORYFORM04 iIß// Revised 101200 I
EXN-Ir31 r