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R93-124RESOLUTION NO. R93-/~ A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR ~ND CITY CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH A-ND ~HE GREATER BOYNTON BEACH CHAMBER OF COMMERCE INCONJUNCTIONWITH THE CHAMBER'S ANNUAL SEAFOOD FESTIVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the Cit~ 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 Chambe~ of Commerce, for the use of a l0 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 become effective immediately upon passage. PASSED AND ADOPTED this /~ day of August, 1993. CITY OF BOYNTO/N BEACH, FLORIDA ATTE ST: Cl~ Clerk (Corporate Seal ) Commi oner Authsig.doc BBC.S/Fest. 8/12/93 LICENSE AGREEMENT THIS IS AN AGREEMENT, made this . day of by and between: ._, 1993, CITY OF BOYNTON BEACH, a municipal corporation organized amd 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 October 2, 1993 through October 3, 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 granted herein. 4. USE OF PREMISES: LICENSEE for the privileges LICENSEE shall use and occupy the Premises or Festival & Fishing Tournament. The Premises shall ~ any other purpose whatsoever without written consel LICENSE covenants that it will not, without written CITY, permit the Premises to be used or occupied firm, entity or corporation other than LICENSEE employees or invitees. LICENSEE further covenants t or hazardous trade or occupation shall be permitte~ in or upon said Premises, no act shall be permitt shall be kept in or about said Premises which wi] risk of any hazard, fire or catastrophe, and no permitted or committed upon or any damage done to ly for Seafood lot be used for ~t of the CITY. consent of the y any person, its agents, at no nuisance I or carried on ed and nothing 1 increase the waste shall be said Premises. LICENSEE shall not permit the licensed Premises to be used or occupied in any manner which will violate any laws ~r regulations of any governmental authority. Further use is conditioned upon the following: 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 ~laims. ~ LICENSEE will develop property to a~.c~2~diti~.s~e ~_~e, with all improvements to rem~ ~si~e ~ the 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 h~urs, to e~amine 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 f~om any negligent act, omission or error of LICENSEE, resulting in or relating to, in]ur~es to body, llf , 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 per~on 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 an.d. 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 Agreement 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 2 indemnification A. Be De Provision undertaken by the LICENSEE. 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. CQmprehensive 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 ~o the LICENSEE/USE Agreement..If required, the same limits listed un~erComprehensive General Liability shall apply. This shallinclude, Owned Vehicles, Hired and Non-owned Vehicles, and Employee'Non- ownership. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of t~e City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects ~he City, its officers, officials, employees or volunteers; or the Contractor shall procure a bond guaranteeing payment of losses andrelated investigation, claims administration and defense expenses. Special Requirements: The policies are following provisions: A. to contain or be endorsed to contain the 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. An appropriate Hold Harmless Clause shall b~ 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. 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. 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. ~iNTENANCEI REPAIR AND ALTERATION OF LICENSED PREMISES: It shall be the responsibility of LICENSEE to keep the licensed Premises clean, sanitary and free from 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 maintaim the licensed Premises and any improveme~ ts thereon in accordance with the terms andconditions of this Lie ~nse Agreement and consistent with prudent and wetl-reasone maintenance )hibited from procedures and techniques. LICENSEE is expressly ~ commencing any alterations of the Premises with Jut the prior Written approval of the CITY. il. AMENDMENTS: No modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by the parties hereto with the same formality an of equal dignity herewith. 12. SURRENDER UPON TERMINATION: LICENSES shall peaceably surrender and deliv ~r the licensed Premises to the CITY or its agents i~aediately upo expiration of the License term. LICENSEE shall remove from the licensed LICENSEE'S own expense, any fixtures or improveme the licensed Premises that the CITY does not desire the premises. Upon completion of said removal, t the Premises shall be such that it is safe and not Premises, at ~s placed upon to have.left on %e condition of a hazard. i3. WAIVER: Failure of the CITY to insist upon strict performance of any covenant or condition of this License, or to exgrcise any right herein contained, shall not be construed a~ a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force an~ effect. None of the conditions, covenants or provisions Df this License Agreement shall be waived or modified except by th.~ parties hereto in writing. 14. TERMINATION: This License Agreement may be terminated by ~IITY or LICENSEE during the term hereof upon thirty (30) days written notice to the other of its desire to terminate this License Agreement. 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 reaistered mail sent to the other party at the address, set forth below, or to such other address as such party may~rom t~me to time designate by notice. 4 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. ENTIRE 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 and seals the day and year first above written. ATTEST: Ci~ Clerk (Seal)/~ Mayor THE GREATER BOYNTON B o, STATE OF FLORIDA ) COUNTY OF PALM BEACH) BEFORE ME, an officer duly authorized by law 9~%th~s . a;ld take acknowledgements, personal ~~ ~ , President of the Greatez Chamber of Commerce and who being duly sworn, acknow executed the foregoing License Agreement. L~ mYhand-and , 199~. ~et their hand :ACH to administer ly appeared Boynton Beach ledged that he official seal this Not a~y Public// My Commission Expires: NOT~ PUS~, STATE OF My ~rniss~. expires Nov. 22, 1993 LIC.AGR 8/2/93 day of LEGAL DESCRIPTION Lot 7, SAM BROWN, JR.'S HYPOLUXO SUBDIVISION, according to the Plat thereof on ~ile with the Clerk in and for Palm Beach County, Florida; recorded in Plat Book 1, Page 81, Less the right-of-way for State Road 5 (U.S. Highway No. 1). Lots 8 and 9, SAN BROW JR.'S HYPOLUXO SUBDIVISION, to the ToWn of Boynton, Palm Beach County, Florida, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, FlOrida, in Plat Book 1, Page 81; less the right of way for State Road 5 (U.S. Highway No. 1). AND a tract of submerged land in Section 15, Township 45 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at a point in the South line of Lot 9, Sam Brown Jr.'s Hypoluxo Subdivision, according to the plat thereof, on file in the office of the Clerk of the Cir :uit Court in Plat Book 1, and for Palm Beach County, Florida, recorded ir page 81, at a distance of 989.93 feet South 8;°19'00'' East of the Southwest corner of said Lot 9, said ~int being in the high water line of the West shore of Lake Worth; thence North 12°06'34" East, along said high water line a distance of 149.40 feet to a point in the North line f said Lot 9; thence South 89o18'20" East, along said North line projected Easterly, a distance of 217 feet, more or less to a point in the City of Boynton Beach Bulkhead Line, Rs established N~ve,~,e~ 19, 1956, by ~rdinance No. 289-1~ thence South 4 42 28 West, along said City of Boynton peach Bulkhead · distance of 146.77 feet, to a point in the Easterly LJLne. a . . . o '00" projection of the sazd South lzne of Lot 9, thence 89 19 West, along the Easterly projection of the said South line of Lot 9, a distance of 237 feet, more or less, to the Point of Beginning. EXHI~ IT "A"