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Home My WebLink AboutMain Street Asscoiates Fall Home Town Harvest Temporary License Agreement -2006 10 05MAIN STREET ASSOCIATES FALL HOME TOWN HARVEST TEMPORARY LICENSE AGREEMENT THIS FALL HOME TOWN HARVEST TEMPORARY LICENSE AGREEMENT ("Agreement") is made and entered into as of the -L day of ()t:..:lrJlJe r ,2006, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation ("Licensee"), and MAIN STREET ASSOCIATES, LLC ("Owner "). WITNESS ETH: WHEREAS, the City of Winter Springs will be holding a Fall Home Town Harvest special event ('"the Event") on October 7, 2006 for the benefit of the public for purposes of conducting a community event which will include music, food and fun at the Winter Springs Town Center, generally located on the comer of State Road 434 and Tuskawilla Road in the City of Winter Springs; and WHEREAS, the City of Winter Springs is in need of additional space in the vicinity of the Winter Springs Town Center in order to store certain materials prior to the Event. as well as to conduct various children's activities, games and to fire a short fireworks display; and WHEREAS, Owner owns certain unimproved property within the Town Center. more specifically located to the North and East of the McDonald's restaurant located on the northeast comer of State Road 434 and Tuskawilla Road. directly across Tuskawilla Road from the Winter Springs Town Center; and WHEREAS, Owner desires to pennit the City of Winter Springs to use said property for purposes of providing the City the necessary additional space prior to and during the Event; and NOW, THEREFORE, in consideration of mutual covenants and other good and valuable considerations. the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: I. Duration of License Alreem.ent. This Agreement shall become effective on September 29, 2006. 7:00 a.m., and continue in full force thereafter until October 9,2006,5:00 p.m. 2. Termi...tio" (If Lice,," ArRmleat. This Agreement shall terminate and Licensee's rights shall automatically cease upon the expiration of the term of this Agreement as set forth in paragraph 1. 3. Property. The real property subject to the terms and conditions of this Agreement is more particularly depicted in "Exhibit A," attached hereto and incorporated herein by this FALL HOME TOWN HARVEST TEMPORARY LICENSE AGREEMENT G"ity of Winter Sprin'l:o~ I Main SUeet Associates, LLC Page lof4 reference ("Property"). The parties acknowledge, however, a legal description does not exist for the shaded areas depicted on "Exhibit A." As such, the shaded areas shall represent a good faith approximate location for the Event and the parties acknowledge that the Event may slightly spill over beyond the boundaries of the shaded area during the Event. 4. Restoration of Property . Upon termination of this Agreement, Licensee shall leave the Property in substantially good condition and restore it to its condition immediately preceding this Agreement, excepting reasonable wear and tear from the use herein pemlitted. Licensee shall be responsible for pick-up and removing any litter and trash on the Property caused by Licensee and its guests and invitees attending the Event. The litter and trash will be removed within forty-eight (48) hours of the termination of this Agreement. If Licensee fails to remove the trash and litter within said time period, Owner may, upon prior written notice to Licensee, cause the trash and litter to be removed and the Licensee will reimburse Owner the reasonable cost for said removal. 5. Security Deposit. No security deposit shall be required from the Licensee. 6. Use of the ProDertv. A. PriQr to and During Event. Licensee and its guests and invitees of the Event shall be permitted to use the Property during the term of this Agreement for set-up and storage of materials to be used as part of the Event, for conducting children's games and activities including, but not limited to a petting zoo and children's play area, to conduct a ten-minute fireworks display, and other various activities organized by Licensee as part of the Event. B. Fireworks Test Run. Licensee may utilize the Property for the purpose of conducting a test run of the fireworks display. Such test run shall take place on one (I) evening during the week of October 2, 2006 and shall be limited to firing four (4) test shots for the purpose of determining visibility from the location of the Event in the Town Center. C. IngnsslEgnJ:.J. Licmsee's ust'! of the Proptrty shall include ingrews and egress rights to said Property. 7. Indemnity. To the extent permitted by law, Licensee shall indemnifY and hold harmless Owner from and against every demand, claim, cause of action, judgment and expense, including reasonable attorney's fees, and all loss and damage arising from any injury (including death) or damage to the person or property of the Owner or to the person or property of the Owner's agents, servants, employees, guests, invitees, or to any other person or property on the Property where the injury or damage is caused by any act or omission of the City, its agents, servants or employees, or of any other person entering upon the Property for the express or implied purpose of FALL HOME TOWN HARVEST TEMPORARY LICENSE AGREEMENT City of Winter Springs I Main Street Associates, LLC Page 2 of 4 those conducting or participating in those activities outlined in paragraph 6 herein. 8. Governin, Law and Venuto This Agreement shan be construed and enforced in accordance with the laws of the State of Florida. The parties further agree that in any dispute between them relating to this Agreement, exclusive jurisdiction shall be in the trial courts located in Seminole County, Florida, for state actions and Orlando, Florida, for federal actions. Any objections as to jurisdiction or venue in such courts being expressly waived. 9. Non-Waiver. No delay or failure by either party to exercise any right Wlder this Agreement, and no partial or single exercise of that right, shan constitute a waiver of that or any other right, unless otherwise expressly provided herein. 10. Non-Rtcordttion. This Agreement will not be retor~d in the public r~ords of Seminole County, Florida. 11. Modifications. This Agreement and any Exhibits hereto may be modified only by a written instrument, which is executed with the same formality as this original agreement. 12. Headines. Headings are for the convenience of the parties and are not to be construed as part of this Agreement. 13. Severability. In the event any portion of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the remaining provisions shan be valid and enforceable. 14. Third Pam Ri,hts. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Owner. 15. Entire Acreement. This Agreement, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between City and Owner with respect to the license specified and all previous representations relative thereto, either written or oral, are hereby annulled and supt.'J'SCdeJ. 16. Attorney's Fees. Should either party bring an action to enforce any of the tenns of this Agreement, each party shall bear their own attorneys' fees and costs. 17. Sovereicn 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 FALL HOME TOWN HARVEST TEMPORARY LICENSE AGREEMENT City of Winter Springs I Main Street A!."!oOCiata, LLC Page 3 of 4 not be liable for any claim or judgment, or portion thereof. to anyone 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 shall survive tennination of this Agreement. IN WITNESS WHEREOF the parties have hereunto set their hands and seals on the day first above written. LICENSEE: CITY OF WINTER SPRINGS, a Florida municipal corporation. By: ~dM ~ue ~ r{onald W. McLemore City Manager OWNER: ,-7 By: Print "'LJI>.-:-- t- ~ Cu'-"/V)Jr-- Title: .>..1. OJU~ (\ -i- {- . J FALL HOME TOWN HARVEST TEMPORARY LICENSE AGREEMENT Clty ofWlnter ~prlllgs 1 Maln Strl.oel Assuclall!5, LtC PJl.ge 4 of 4 ExhJbJt '~" 10/07.'2014 CJ5:.j2 PAX IJJ002 PRODUCER COnlbinod SpecialUes Inlarnatlonal, Inc, e3$2 TAfTll\rack V,jla~ Suiit' 119 Woodbury MjnMsot~ 5fi125 Cer,tificate offnstrraf1ee' ,,', c': ," : .:lJ.' ,'" '.. ..':.' ' 'y ,;." ,'.. ',' _ .. .:...; ~'" ',:, '.'. , , , ,.----...... '.' .}0728 ':~,< ,',' : 1ssueO~te:09/1~I2~06 THIS CERTIFICATe IS ISSUED AS A MATT!!R OF INFORMAnON ONLY AND roNF~RS NO RIGHTS UPON THe ceFl'r'FICATE HOl,.Ol;R. THIS CERTIFICATE DOES NOT AMEND. EXTeND OR LATeR THE coVeRAGe AFFORD€D BY THE POLICies BELOW. "'--~"""<""-' COVEAAOE;S IHIS IS TO ceRTlFi' THAT THE POLICIE:S OF INSUAANC~ USTEO BELOW HAVE BEEN ISSUED TO THE NAMED INSURSD ABove FOR 'rHE PERIOD INDICA TED. NOlWlTHSTANOING ANY RgQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMeN"r WliH RESPECT TO W~tlC~1 THIS CERTIFICATE MAY BE IssueD OR MAY FJ;;f1TAIN, THE INSURANCE AFFORDED BY THE POLlCII;lS OESCFllseo HERE:IN IS SUB.IEeT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES INCLUDING, BUT NOT LIMITED TO THose FOl.~OWING; LIMITS SHOWN MAY HAve eeE!N FlEOIlCe:O ev PAID CLAIMS. ADDITIONAL (''('~NDITION$ AND I:;XCl.USlONS, 1) THE INSURANce ~IDeNCED BY THIS CERTIFICATE IS LlABILrrv INSURANCE; ONLY, IT IS NOT A aOND OR ANY FORM OF SURETY AGAINST WHICH SOMEONE OTHE!R AN "INSUReD" MAV ASS(;R'I' A CLAIM OR 8RINO ANY ACTION. SU6JECT TO POLICY TERMS, CONDITIONS, DEFINITIONS AND E'XCLUSlONS 'rHE INSURANCE ONLY INOI;MNlFIE;S AN INSURE;O AClA/NST CERTAIN LE'GAL LIABILITY, 2) iHE INSURANCE Does NOT COVE;R CLAIMS FOR aODIL Y INJURY OR PROPERTY DAMAGE OF lHE NAMED INSURED'S SHOOTf!lR(SI ASSISTANT(S) OR ANY OTHER PERSONtS) INCLUDING ANY VOLl.rrE~R(S) PARTIC'''ATING IN ANY WAY IN ANY DISPLAY OR SPECIAL EFFE;CT PEiRFORMED OR EXECUTED BY THr: NAME:D INSUI1E:D . 3)COVERAGe: DOE$ NOT APPLY TO CI,AIMS FOR BODILY INJURY OR PROPeRTY DAMAGE ARISING OUT OF THE INSUI1!O'S FAILURE TO FOLLOW NFPA OR OTHER APPLlGABLE FlEQUIR6MENTS. LAWS OR RECOMMENDATIONS. INCLUDIN<:l THOSE RELATINCl TO POST DISPLAY OR SPECIAL EFFECT SF..ARCHES OR CLEAN LIP. CO LTR A -- "..__.,.~._~-- 1N8UFlE!As Af'"FOROING CCVERAGE INSUAEFt A; UI1d_rllers, Ltoyds of London INSUReR 8: INSURER c: "'''''"'''''''' n. -~""'_,,--_...,... ..... f-~ INSUR"'D PI611li6r PyroteChnics, Inc, P.O. Am 48, Flich/Md Mi~eouri 6555G TYPE'; OF INSUflANCE POLICY NUMBER POLlCV ~"f'!C'l'IVS DATE IMMlDDIYYJ l\ugust15,2006 POLICY e)(PIf1A'l'ION DATe (MMrOOIYYI Aug~t15,2007 LIMITS GENERAL LIADILITY CLAIMS MADE 112~173657'006 EACH ACCIDENT MEDICAL EXP MY one Dereonl fiRE; LF::GAL LIABILITY GENERALAGGAEGATe PAOOUCTS-COMP/OPS AGG COMBINED SINGLE LIMIT 1\;11 ~qidentl POOII. '( INJURY ?er D~rSQn \ eODIL Y INJURY t Per accident) PROPEFlTY DAMAGE Per oBrlionl ~5.000,OOO $5,000 ANY AUTO ANY OWNED AUTO SCHEDULED AUTOS HIRED AUTOS NON-OWNeD AUTOS $50,000 55.000.000 $~,OOO,.ooo $ AUTOMOBILE LIABI~ITY $ $ $ EXCESS LIABILITY FOLLOWING FOAM WORKEAS COMPE:NSATION AND EMPLOYERS' LIABILITY fACH ACCIDENT AGGREGATe we STATU- OTHER TORY LIMITS E.L. EACH ACCIOI;;NT E.L. DISEASE-EA EMPLOYER E.L. DISMS/!!.-POLlCY LIMIT $ $ OTHER S $ ~. !.._-.-----.--. $ DESCRIPTION OF OPERATION$lLOCA'I'IONSNI::HICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL. PROVISIONS City of Winter Springs and James Doran Company 8J'e Additional In!lured a8 reep$c18 the Oetobet 7, 200l! FlMworkll DII:play at Jam&s Doran Company 1lll1d CfRTlFICATl; HOlDEA City of Winter Springs 010 Chuck Pula 1126 El1st State Road 434 Winter Springs. FL 32708.2799 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POlICieS 6e CANCELLED DEFORE THE E:XPIAATION DATe THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE; CERTIFICATE HOl.OE;F\ NAMED TO THE LEFl, BUT FAILURE TO MAIL SUCH NOTICE SHALl. IMPose NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. IT'S AGENTS OFt AI!P(l\e8E.~~_.......~_ O.'P.'''''NTAT~. 6 ~ _