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R92-165RESOLUTION NO. R92-/~- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN LICENSE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE GREATER BOYNTON BEACH CHAMBER OF COMMERCE, A COPY OF SAID AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS.~ the City Commission of the City of Boynton ~each, Florida, upon recommendation of staff, deems it to be in the best interests of the citizens and residents Of the City of Boynten Beach, to execute a certain Agreement between the City of Boynton Beach and the Greater Boynton Beach Chamber of Commerce, said Agreement being attached hereto as Exhibit "A". NOW, ,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION DF THECI,TY OF BOYN~ON BEACH, FLORIDA THAT: Section 1. The City of Boynton Beach, Florida ~ereb¥ authorizes and directs the Mayor and City Clerk to ~xecute a certain Agreement between the City of Boynton Beach: and the Greater Boynton Beach Chamber of Commerce, providing for the use of certain City property/premises for their a~nual Seafood Festival & Fishing Tournament only, according to the terms of said Agreement, attached hereto as Exhibit "A". Section 2. This Resolution immediately upon passage. shall take effect PASSED AND ADOPTED this /c~ day of September, 1992. CITY OF BOYNTON BEACH, Mayor FLORIDA ATTEST: Vi( Commis.~ (Corporate Seal) BBCC.SeafoodFes. 9/10/92 LICENSE AGREEMENT THIS IS AN AGREEMENT, made this 1992, by and between: day of , 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 OF COMMERCE, 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 a~ 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 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 three (3) days from September 25, 1992 through September 28, 1992, unless terminated prior to said date as provided for hereinbelo~, 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. 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 for any for publ] after the event; :E · to a condition safe with to remain on site She 5. ASSIGNMENT: without portion the notice wri or 6. D~E: TO pREM!~Es. LICENSEE or on 7. INSPECT'ION". ~ ~ upon t~ examine same to( the Premises accOrd~ to thi~ 8. iNDEMNIFICATION~ CITY, its ~ .its prompt incident ses. enter hours, to is prop~rlylmaintaining Agreement. harmless the ~yee~ ~f~om and against liabilities, any and , damages, expenditures, or causes of action of any~kind arising from this License Agreement and resulting or accruing from any negligent act, omission or error !~f. LICEnSeE, resulting in or retaJ body, life, i'~mb, or property sustained [pon the licensed Premises or improvement theretO, or arisin~ from .~he· use of the Premises. LICENSEE shall defend, at its s~le cost and expense, any legal action, claim, or proceeding i~stituted by any person against the CITY as a result of an~ 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 h=r~less ~from and against s all judgment, orderS, decrees,~ attorney fees, costs, expenses and liabilities inCurred' in an~ about any such claim investigation or defens~ thereof, which may be entered, incurred or assessed as a result ~f the foregoing. The and indemnification Agreement and LICENSEE'S responsi officers, serva~nts, occurring during the of t fu~ >ns relating to this the term of this force~ and effect as the CITY, its for occurrences The obligate indemnification provision; howe~er, obligation of insuring this indemnity must set forth in Section 9 below. The parties recognize that various provisions Agreement, including but not necessarily limited LICENSEE shall the foregoing the collateral be satisfied as of this to this section, provide for ton by the LICENSEE and that Florida Statutes, se~tio~ 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 ~ndemnities, 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 liabilit~ CENSEE, LICENSEE .shall provide, pay for and the insurance coverages set forth in this secti for the services ~o be performed under this License Agreement, as will assure the CITY the protection contained in the foregoing~ indemnification Provision undertaken by the LICENSEE. ae Workers' Compensation: If LICENSEE falls under the S~a%e of Florida Workers~' Compensation Law, cove shall be for statutory limits in ~ with the applicabl~ state and federal The policy must iinclude Employer's Liability with a limit of $100,000 each accident. General Liability~: Shall have of $500,000 per~ occurrence Combined ~ Limit for Bodily Injury Liability and , Damage Liability, in61uding Premises and ons. Also a Liquor L~ab~lity 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. 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 reslpects 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. An appropriate Hold Harmless Clause shall be included: Note: If it is determined by the City Manager that the purchasing of insurance is not 3 De required, the LICENSEE ~-,et still sign an approved Hold Harmless Clause relieving the City of any and all legal liability. the reduced in t~e~C.ity.~ tnfo,rm his insurer shall be party, .excep after given to to with is to furnish, Beach, original ired within. for insurance authorized behalf and with attached [rer's and ty commences. complete, insurance to ge~shall be primary its officers, Any ltained by the City insurance and 10. PREMISES: ~!A:IN~,ENANCE ~ , REPAIR AND,: ALTERATION OF LICENSED It shall the r~s~onsibility of. LICENSEE to keep the licensed free from trash and debris, enance of all area herein licensed by be borne by LICENSEE, and LICENSEE icensed Premises and any improvements .with the terms and conditions Agreement and consistent with prudent and well-reasongd maintenance procedures and techniques. LICENSEE is expressly prohibited from commencing, any th~ Premises without the prior written appr 11. AMENDMENTS: NO modification, amendment or alteration of the terms or conditions ~on~ained herein shall be effective unless contained i ii~ i ~i wri~tten d~cument executed by the parties hereto, with i~h~ same f.ormality an of equal dignity herewith. 12. SURRENDER UPON TERMINATION: LICENSES shall peaceably surrender and deliver the licensed Premises to the CiTY or its agents immediately upon expirapion 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. 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. 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 AGREEMFNT: This License Agreement shall not be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, the parties have se= their hand and seals the day and year first above written. ATTEST: Ci~ Clerk (Seal) CITY OF BOYNTON BEACH / Mayor - / THE GREATER BOYNTON BEACH STATE OF FLORIDA ) COUNTY OF PALM BEACH) BEFORE ME, an officer duly authorized by law to administer Baths ~nd ~take acknowledgements, personally appeared ~6~i' ~J~C~/ · President of the Greater Boynton Beach Chamber of Commerce and who being duly sworn, acknowledged that he executed the foregoing License Agreement. ', ~ITN~SS my hand and official seal this ~Q~day ~v~-~'~ ~/~ (~>(~(l , 1992. Notary Public My Commission Expires: of LIC.AGR 6 LEGAL DESCRIPTION Lot 7, SAM BROWN, JR.'S HYPOLUXO SUBDIVISION, according to the Plat thereof on file 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, SAM 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 Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, page 81, at a distance of 989.93 feet South 89019'00'' East of the Southwest corner of said Lot 9, said point being in the high water line of the West shore of Lake Worth; thence North 12006'34'' East, along said high water line a distance of 149.40 feet to a point in the North line of said Lot 9; thence South 89°18'20'' 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, as established November 19, 1956, by Ordinance No. 289-1; thence South 4°~2'28'' west, along said City of Boynton Beach Bulkhead Line, a distance of 146.77 feet, to a point in the Easterly projection of the said South line of Lot 9; thence 89019'00" West, alon~ the Easterly projection of the said South line of Lot 9, a distance of 237 feet, more or less, to the Point of Beginning. EXHIBIT "A"