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R01-307RESOLUTION NO. R01- Bo-/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVOCABLE LICENSE AGREEMENT BETVVEEN THE CITY OF BOYNTON BEACH ("CITY") AND JORDAN WRECKER SERVICE, INC., ("LICENSEE") PROVIDING FOR THE USE OF THE PUBLIC ALLEY BEHIND 905 N. RAILROAD AVENUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Jordan Wrecker Service, Inc., (Licensee) owns real property ~djacent to a City alley right-of-way; and WHEREAS, the City is the owner of a certain dedicated road right-of-way and Licensee desires to occupy and use the property within the right-of-way; and WHEREAS, upon the recommendation of staff, the City Commission of the City of Boynton Beach, Florida has deemed it appropriate to enter into an Agreement with Jorda~ Wrecker Service, Inc., providing for Licensee to use the right-of-way, subject to the limitations and conditions contained in that Agreement, ~/hich is attached to this Resolution, as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF i'HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida Joes hereby authorize and direct the Mayor and City Clerk to execute a Revocable _~cense Agreement between the City of Boynton Beach and Jordan Wrecker Service, Inc., said Agreement being attached hereto as Exhibit '%". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~;o day of November, 2001. Vice Mayor Gommissionor ~TTEST: ~i~Clerk ICorporate Seal) S:Reso~,gr~RevLicAgr-Jordan Wrecker REVOCABLE LICENSE AGREEMENT TI-I~S IS A REVOCABLE LICENSE AGREEMENT ("Agreement") between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation (the "City" ), and BOBBY ROBINSON. D/B/A JORDAN WRECKER SERVICE, a Florida corporation (the "Licensee"). WHEREAS. Licensee JORDAN WRECKER SERVCE owns real property adjacent ro a City alley right of way; and WHEREAS, the City is presently the owner of a certain dedicated road fight-of- way; and WHEREAS, the dedicated right-of-way aforementioned is depicted on the attached Exhibit "A' and WHEREAS, the Licensee desires to occupy and use the property within the right- of-way adjacent to its property; and WHERE,aZ, the parties have agreed to enter into a Revocable License Agreemem with regard to the use of the right-of-way as set out below; NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the adequacy and sufficiency of which are acknowledged, the parties agree as follows: Recitals. The above recitals are true and are incorporated into this Agreement. 2. C_rrara of License. City hereby grants to Licensee the revocable right, license and privilege of using the property within the fight-of-way depicted on Exhibit "A" (the "property") subject to the limitations and conditions hereinafter set forth. 3. 'Term. The term of this License shall commence the ~o day of bio,re_Ox [~e_t-, 2001, and shall expire ten (10) years bom that date, with the option for two ten (10) year renewals upon agreement by both parties, unless terminated earlier as hereaiter set forth. 4. Compensation. One time document preparation charge of $500.00 payable at signing. An annual license fee orS1.00 for the term of this license. 5. Access. City shall have unlimited and unrestricted access to the LICENSED PROPERTY during the term of this license to inspect, maintain, rcpak, improve and install utilities. City shall not be liable for any damage to personal property, fixtures or improvements on the LICENSED PROPERTY. 6. Use of Premises. Licensee shall use and occupy the LICENSED PROPERTY only for a clear buffer and security zone. LICENSED PROPERTY qha!l not be used for any other purpose by Licensee without the advance written amendment of this Agreement. 7. Limitations on Use. Licensee agrees that it will not: a. permit the LICENSED PROPERTY, without the advance written consem of the city, to be used or occupied by any person, firm, entity or corporation other than Licensee and its agents. b. permit or allow any nuisance or baTardous activity, trade or occupation to be permitted or carried on, in or upon the LICENSED PROPERTY. c. kc'ep in or about the LICENSED PROPE.RTY anything that will increase the risk of any hazard, fire or catastrophe, and no waste or injury or any kind shall be permitted or committed upon or uny damage done to the LICENSED PROPERTY. d. permit the LICENSED PROPERTY to be used or occupied in any manner which violates any laws, roles, policies or regulations of any governmental entity, including City. e. park or store equipment or vehicles on the licensed portion of the LICENSED PROPERTY. 8. Assignment: Licensee shall have no authority to assign any of its rights under this Agreement during any term of this Agreement without a written amendment to this Agreement. Should Licensee attempt to assign this license, then the Licensee shall be terminated immediately, without prior notice to Licensee. 9. Damage to Premises. The Licensee shall not, by its use or occupancy, cause damage to the LICENSED PROPERTY. Licensee agrees that all personal property placed upon the LICENSED PROPERTY shall remain the property of Licensee und shall be placed upon the LICENSED PROPERTY at the risk of Licensee. Licensee shall give the City, or its designated agent, prompt written notice by certified mail, return receipt requested, or an)' occurrence, incident or accident occurring on the LICENSED PROPERTY. 10. (a) of improvements. Permits. The licensee shall be required to obtain a permit for the installation Such permit will be issued after Licensee or its contractor, submits plans to the City and such plans are accepted by the City. (b) The Licensee shall submit plans for the installation of the Improvemems to the City at least thirty (30) days before beginning installation work and shall not install the Improvements until written approval is obtained fi.om the City. (c.) The Licensee shall notify the City within five (5) days atter installation of the Improvements have been completed. The City may required Licensee to reinstall or remove the Improvements if the Improvements do not comply with the approved plans. (d.) The City, its agents and its authorized employee may enter upon the LICENSED PROPERTY at all reasonable times and hours to examine same to determine if Licensee is property maintaining the LICENSED PROPERTY and any improvements allowed by this Agreement. 11. Indemnification. (a) Licensee shall indemnify, defend and hold harmless the City, ifs officers, agents and employees, fi.om and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of any kind arising directly or indirectly from this Agreement and resulting or accruing fi.om any intentional act or any negligent act, omission or error of Licensee which in mm results in or relates to injuries to body, life, llmh or property sustained in, about or upon the LICENSED PROPERTY or the Improvements or both, arising fi.om the use of the LICENSED PROPERTY. (b) Licensee shall defend, at its sole cost and expense, and legal action, claim or proceeding institute by any person against the ..City as a result of any claim, suite or cause of action accruing or in any way arising out of this Agreement for injuries to body, life, limb or property as set forth above. (c) Licensee shall save the City harmless from and against all judgments, orders, decrees, anomeys' fees, cogs, expenses and liabilities incurred in and about any ctaim, and the investigation or defense of them, which may be entered, incurred or assessed as a result of the foregoing. 12. Insurance (a) Without limiting any of the other obligations or liabilities of Licensee, Licensee shall provide, pay for aha maintain in force the insurance overages set forth in this paragraph, at all times as well assure the City coverage of the protection contained in the foregoing indemnification provision undertaken bythe Licensee. (b) Comprehensive general liability with minimum limits of five hundred thousand dollars ($500,000.00) per occurrence, combined single limit for body injury liability and property damage liability coverage, must be afforded and must include: (1) premises, operations or both. (2) City is to be included as an "additional named insured:. (3) Notice of Cancellation and/or Restriction - the policy(ies) must be endorsed to provide City with thirty (30) days' advance written notice of cancellation or restriction. (c) Licensee shall provide the City with a copy of all insurance policies required by this paragraph showing the City hs~ been named as an additional named insured under such policies. (d) Renewal of the insurance and provision of a copy of such renewal to the City on an annual basis is the responsibility of the Licensee. 13. Maintenance and Repair of Licensed Premises. It shall be the responsibility of Licensee to keep the LICENSED PROPERTY clean, sanitary and flee from trash and debris. The upkeep and maintenance of the LICENSED PROEPRTY licensed under this Agreement shall be Ix>me solely by Licensee, and Licensee agrees to maintain the LICENSED PROPERTY in accordance with the terms and conditions fthis Agreement and consistent with prudent and reasonable maintenance procedures and techniques. Licensee specifically agrees to install and maintain the Improvements in a manner that will not pose a hazard to persons and/or vehicles on adjacent property or the improved right-of-way. 14. Surrender UponTermination. Licensee shall peaceably surrender and deliver the LICENSED PROPERTY to the City or its agents immediately upon expiration of the term of this Agreement. Licensee shall remove from the LICENSED PROPERTY, at Licensee's own expense, anything placed on the LICENSED PROPERTY unless the City, in writing, authorizes license to leave any landscaping, Improvements or both on the LICENSED PROPERTY. The City shall have no obligation to move, reinstaill, replace or in any way compensate Licensee for any loss resulting fi:om or arising out of the termination of this Agreement. The Licensee agrees to return the LICENSED PROPERTY to a safe condition following removal of the Improvemems. Licensee shall be obligated to repair or pay for any damage to the LICENSED PROPERTY resulting from the removal of the Improvements. 15. Waiver. Failure of the City to insist upon strict performance of any covenant or condition of this Agreemem or m exercise any right contained in this Agreement shall not be construed as a waiver or relinquishment fi~r the future of any such covenant, coi~dition or right, but the same shall remain in full force and effect. None of the conditions, covenants or provisions of this Agreement shall be waived or modified except in writing by the parties to this Agreement. 16. Termination. This Agreement may be canceled with or without cause at any time during its term by either party upon ninety (90) days written notice to the other of its desire to terminate the Agreement. 17. Notice. Any notice or demand, which under the terms of this Agreement or by any statute or ordir~ance is to be given or made by either party, shall be in writing and shall be given by certified or registered mail, return receipt requested, sent to the other party, at the address set forth below, or m such other address as such party may f~om time to time designate by notice. IN WITNESS WHEREOF, the parties have hereunto set its authorized hand this o~(~ day Of ~, 2001. ATTEST: .~.o~~.~. Clerk WITNESSES: BOBBY ROBINSON, DIB/A JORDAN WRECKER SERVICE, BY: ~~- ~ STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) ON THIS5 day of fl~~t"- ,2001, before me, the undersigned ~Rar~ .pfblic, p. ersonalty app .e~red .BOB..BY ROBINSON, d/b/a JORDAN WRECKER ICE and ~s the person who subscribed to the foregoing instrument and who acknowledged that he executed the same was duly authorized to do so. Personally Known k] ORPmdueed Identification Type of Identification Produced IN WITNESS WHEREOF, I hereunto set my hand and official seal NOTARY PUBLIC Print or Type Name My Commission Exl~~ ~ M. stau ' !