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HomeMy WebLinkAboutR & R Investment Properties, Inc.,d/b/a Re/Max Town & Country Realty Agreement (July 4th Event) -2009 07 014TH OF JULY AUTHORIZATION AND INDEMNIFICATION AGREEMENT f This Agreement is entered into this ~ day of ~u ~ , 2009 by and between the City of Winter Springs ("City"), a Florida municipal corpor ion, and R & R Investment Properties, Inc., a Florida corporation d/b/a "Re/Max Town & Country Realty," ("Re/Max"). Recitals: WHEREAS, the City is planning its annual special event in honor of Independence Day, which shall take place in Central Winds Park on July 4, 2009; and WHEREAS, the City desires to authorize Re/Max to conduct hot and cold air balloon activities as part of the special event; and WHEREAS, the City finds this Agreement to be in the best interests of the citizens of the City of Winter Springs, Florida. NOW THEREFORE, in exchange for the mutual promises and consideration set forth herein, the parties hereby agree as follows: 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Agreement. Authorization. A. The City hereby authorizes Re/Max to use its property at Central Winds Park on July 4, 2009 for hot and cold air balloon activities. In the event of rain or inclement weather, the special event may be postponed by the City, at its sole discretion, to July 5, 2009. In the event of any such postponement, the City's authorization shall be extended to July 5, 2009. B. The hot and cold air balloon activities shall be conducted at a location within Central Winds Park that is mutually agreeable to the City and Re/Max and shall include, but not be limited to, inflating, deflating, tethering, launching, flying and landing one (1) hot air balloon and displaying cold air balloons. 3. Insurance Requirements. Re/Max shall obtain and maintain liability insurance for its hot and cold air balloon activities. Re/Max shall cause its insurance carrier(s) to furnish insurance certificate(s) specifying the types and amounts of coverage in effect, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days' prior written notice to the City. All insurance policies or coverages shall expressly name "the City of Winter Springs" as an "additional insured" and shall provide at least One Million Dollars ($1,000,000.00) in coverage to cover the City from any liability related to Re/Max's hot and cold air 4'h of July Authorization & Indemnification Agreement 1 of 2 balloon activities. 4. Indemnification and Hold Harmless. Re/Max agrees, to the fullest extent permitted bylaw, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorneys' fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Re/Max's hot or cold air balloon activities conducted on the City's property pursuant to this Agreement. The indemnification provided above shall obligate Re/Max to defend at its own expense or to provide for such defense, at the option of the City, as the case maybe, of any and all claims of or its employees, officers, and attorneys which may result from the hot or cold air balloon activities conducted on the City's property pursuant to this Agreement, whether the activities be performed by the Contractor or anyone directly or indirectly employed by them. In all events, the City shall be permitted to choose legal counsel of it sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This paragraph 4 shall survive termination of this Agreement. 5. Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph 5 shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first written above. The City of Winter Springs, Florida, a Florida municipal corporation. K n Smith, ity Manager R & R Investment Properties, Inc., a Florida corporation, d/b/a Re/Max Town & Country Realty. Print Name: ,f'e E.r-- 4'h of July Authorization & Indemnification Agreement 2 of 2 REMAXIN-01 BLAA acoROn„ CERTII=KATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 611 612 0 0 9 PRODUCER (303} 526-5300 THIS CERTIFICATE IS ISSUEb AS A MATTER OF INFORMATION AirSure Limited of Colorado, Inc. 25548 Genesee Trail Road ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Golden, CO 80401 INSURERS AFFORDENG COVERAGE NAIC # INSURED REIMAX Florida Ad Fund Inc Old Re ublic Insurance Com an , . p p y INSURER,a RE/MAX International Holdings Inc. INSURER e: 5075 S. Syracuse Street INSURER C: Denver, CO 80237 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIGATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY NUMBER POLICY EFFECTIVE A M Y POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ee ocwrence ; CLAIMS MADE ~ OCCUR MED EXP (Any one person) ; PERSONAL & ADV INJURY ; GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ POLICY PRO LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (EaaccldenQ ; ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per pers~) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE P id t ; ( er acc en } GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANYAUTO OTHERTNAN EA ACC $ AUTO ONLY: AGG $ EXCESSRJMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMSMADE AGGREGATE $ ; DEDUCTIBLE ; RETENTION $ $ STA U- OTH- WORKERS COMPENSATION AND 1 TO EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERlEX£CUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, desuiba under SPECIAL PROVISIONS bebw E.L. DISEASE- POLICY LIMIT $ OTHER A Aircraft Liability V04251816 5/1/2009 5/1/2010 Hot Atr Ba[[oons 53,000,000 A ircraft Liability AV04251816 511/2009 5!112010 Cold Air Balloons St,aoo,ooa DESCRIPTION OF OPERATIONS! LOCATIONS/ VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS See attached page. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Winter Springs O DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL PAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LU181LITY OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATIVES. AUTNORIZEp REPRE E TA E ACORD 25 (2001108) ©ACORD CORPORATION 1988 REMAXIN-01 BLAA PAGE 1 OF 1 DESCRIPTION OF OPERATIONS - RElMAX Florida Ad Fund, Inc. City of Winter Springs RElMAX International Holdings inc. 5075 S. Syracuse Street Denver, CO 80237 (Office Certificate A-32) 2006 Aerostat S57A, N5224R (maximum seating 4 incl. crew) 2006 Aerostat S57A. N5230R (maximum seating 4 incl. crew) 1996 Cold Air Balloon (26') Cold Air Balloon (26') Insured Name Includes: R&R Investment Properties, Inc.,dlba REIMAX Town & Country Realty. Event Date: July 4, 2009 The certificate will automatically expire thirty (30) days after the event. The certificate holder is included as an addit(onal insured but solely as respects to the operations conducted by the Named Insured.