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"