Loading...
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 Ce 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