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HomeMy WebLinkAboutR & R Investment Properties, Inc., d/b/a Re/Max Town & Country Realty Agreement (July 4th Event) - 2011 06 15 4 OF JULY AUTHORIZATION AND INDEMNIFICATION AGREEMENT This Agreement is entered into this /f''` day of ».'E , 2011 by and between the City of Winter Springs ( "City "), a Florida municipal corporation, 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, 2011; 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. 2. Authorization. A. The City hereby authorizes Re/Max to use its property at Central Winds Park on July 4, 2011 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, 2011. In the event of any such postponement, the City's authorization shall be extended to July 5, 2011. 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 of July Authorization & Indemnification Agreement 1 of 2 balloon activities. 4. Indemnification and Hold Harmless. Re/Max agrees, to the fullest extent permitted by law, 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 may be, 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, R & R Investment Properties, Inc., a Florida municipal corporation. a Florida corporation, d/b /a Re/Max Town & Country Realty. in Smity, ity Manager Print Name: ko u , „ K- A c Ke v Title: 0 ,� .p ,- 4 "' of July Authorization & Indemnification Agreement 2 of 2 REMAXIN -01 BLAA ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ 6/13/2011 n ) PRODUCER (303) 526 -5300 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AirSure Limited ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 255 25548 Genesee Trail Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 255 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Golden, Genesee ee Trail INSURERS AFFORDING COVERAGE NAIC # INSURED RE/MAX Florida Ad Fund, Inc. INSURER A: Old Republic Insurance Company RE /MAX, LLC INSURER B: 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 ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 ADD'L POLICY NUMBER DA I T C E (MM EFFECTIVE POLICY IMMIDD/YYOIN UMITS LTR INSRD TYPE OF INSURANCE GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED $ COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEM AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ POLICY n PRO- JECT JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE UABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA UABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE _ $ RETENTION $ $ WC STATU- 0TH - WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, ribe under SPECIAL desc PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER A Aircraft Liability AVO4251818 5/1/2011 5/1/2012 Hot Air Balloon 3,000,000 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 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN Central Winds Park NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 1000 East State Road 434 Winter Springs, FL 3270$- IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /I ACORD 25 (2001108) © ACORD CORPORATION 1988 REMAXIN -01 BLAA PAGE 1 OF 1 DESCRIPTION OF OPERATIONS - RE/MAX Florida Ad Fund, Inc. City of Winter Springs RE /MAX, LLC Central Winds Park 5075 S. Syracuse Street 1000 East State Road 434 Denver, CO 80237 Winter Springs, FL 32708 - (Office Certificate A -32) 2006 Aerostar S57A, N5224R (max. seating 4 incl. crew) 2006 Aerostar S57A. N5230R (max. seating 4 incl. crew) This certificate of insurance will cancel automatically thirty (30) days after the event date or policy expiration, whichever comes first. Event Date(s): July 4, 2011 The certificate holder is included as an additional insured but solely as respects to the operations conducted by the Named Insured.