Town of Medley Temporary Licence and Hold Harmless Agreement for Use of Medley Police Firearms Training Center aOf(,- a 9g ''
TOWN OF MEDLEY
TEMPORARY LICENSE AND HOLD HARMLESS AGREEMENT
FOR USE OF THE MEDLEY POLICE FIREARMS TRAINING CENTER
THIS TEMPORARARY LICENSE AND HOLD HARMLESS AGREEMENT (this
"Agreement") is made by and between THE TOWN OF MEDLEY, a Florida municipal
corporation, herein referred to as the LICENSOR, and the City of Miami Beach on
behalf of the Miami Beach Police Department, hereinafter referred to as the LICENSEE,
which term shall include, if applicable, the LICENSEE'S officers, agents, employees or
representatives and who address is 1700 Convention Center Drive—4th Floor, Miami
Beach, FL 33139.
WHEREAS, the LICENSEE desires to use the facilities operated and maintained
by the LICENSOR for the purpose of conducting firearms and other related training for
its officers, agents, employees or representatives, and the LICENSOR has the appropriate
facilities for such, which facilities are known as the MEDLEY POLICE FIREARMS
TRAINING CENTER located at 9700 N.W. 97th Avenue, Medley, Florida 33178
(hereinafter the "Facility" or "Premises").
THEREFORE, the parties agree as follows:
1. GRANT OF TEMPORARY LICENSE. The LICENSOR hereby grants to the
LICENSEE a temporary and revocable license to occupy and use, subject to all terms and
conditions stated or referenced herein, and further subject to any other rules and
regulations for use of the Facility as the LICENSOR may establish from time to time, the
Premises, including available parking areas.
2. TERM/USE OF PREMISES. The Facility, its appurtenances and fixtures,
may be temporarily occupied and used by the LICENSEE to conduct firearms training
and other related activities during such days and dates as are mutually agreeable to the
LICENSOR and LICENSEE. All dates and types of training shall be coordinated in
advance with the LICENSOR who expressly reserves the right to restrict or modify the
use, type, activity, duration or date of any such training as the LICENSOR deems
reasonably necessary and/or appropriate.
3. PAYMENT. For the license granted by this Agreement, the LICENSEE will pay
the LICENSOR the agreed upon rate as set forth in the MEDLEY POLICE FIREARMS
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TRAINING CENTER FEE SCHEDULE(the"Range Usage Fee Schedule")attached hereto
and incorporated herein. Appropriate payment pursuant to the Range Usage Fee
Schedule shall be promptly remitted and made payable to the Town of Medley Police
Department's Office without demand. Failure to remit payment within 30 days of use of
the facility may result in the accrual of interest at the approved statutory rate and may
result in the immediate suspension and/or termination of LICENSEE'S privileges herein.
4. CONDITION OF PREMISES. The LICENSEE acknowledges and agrees that it
is temporarily using and occupy the Premises without any warranties or representations
by LICENSOR as to the condition or suitability of the Premises for the uses intended, and
agrees to maintain the Premises in a clean and usable condition and will be responsible
for all reasonable necessary and/or appropriate clean up and restoration of the Premises
after each use by the LICENSEE. If the Premises are not returned to a clean and usable
condition,as determined in the sole discretion of the LICENSOR,the LICENSOR reserves
the right to restore the Premises and the cost of such shall be paid by the LICENSEE.
5. INDEMNITY/HOLD HARMLESS.
a. If LICENSEE is a county, state or federal governmental entity, LICENSEE
agrees to the extent permitted by F.S. § 768.28 or the Federal Tort Claims Act, 28 U.S.C.
2671 et seq. (FTCA) to indemnify and hold LICENSOR harmless from any damages
sustained as a result of the LICENSEE's use of the Premises and the negligent or wrongful
act or omission of LICENSEE's officers, agents, employees or representatives arising out
of its use or occupancy of the Premises.
b. If the LICENSEE is a private or non-governmental agency, LICENSEE
agrees, with the respect to its use and occupancy of the Premises to defend LICENSOR,
its agents, servant, employees, officers and directors, against any, all and every demand,
claim, assertion of liability, or action arising or alleged to have arisen out of any act or
omission of LICENSEE, its officers, agents, employees or representatives, and to
indemnify and hold LICENSOR harmless for any damages sustained as a result of
LICENSEE'S use or occupancy of the Premises, including bodily injury and property
damage .
c. The LICENSEE agrees to repair or replace any damage to the Premises and
to any real or personal property of the LICENSOR or third parties caused by the acts or
omissions of the LICENSEE and occurring while the Premises are under the control and
use of LICENSEE, and further agrees to be solely responsible for any award or payment
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and expenses (including any right of subrogation) of any workers' compensation claim
by any of the LICENSEE'S officers, employees or appointees that may result from the use
of the Premises or activities thereon.
6. THIRD PARTY. LICENSEE shall not and is expressly prohibited from
introducing, inviting or allowing any third parties into the Premises or Facility without
the express consent of the LICENSOR. In the event LICENSEE does in fact allow or invite
a third party or utilizes the services of a third party for training purposes, LICENSEE
agrees to indemnify and hold harmless the LICENSOR from any damage or claims which
may result from the acts or omissions of the third party. LICENSOR reserves the right
to deny access to any third party, who, in the opinion of LICENSOR, is not qualified to
provide such training.
7. ASSUMPTION OF THE RISK. Participation in the training and use of the
Facility contemplated by this Agreement may carry certain inherent risks or dangers of
which a reasonably prudent person would be aware. To that extent, LICENSEE
acknowledges, agrees and hereby assumes the risks associated with all training and other
related activities contemplated herein and the use of the Facility. LICENSEE agrees to
indemnify and hold LICENSOR harmless for any injuries that occur as a result of
LICENSEE's use of the Facility. LICENSEE further acknowledges and agrees that
LICENSOR does not and shall not provide supervision or control of the Premises es during
LICENSEE's use of and operations at the Facility, and that LICENSEE shall be solely
responsible for all supervision, control, activities and safety of its officers, agents,
employees or representatives during such use.
8. TERMINATION. This Agreement shall remain in full force and effect until
terminated by any party hereto. This Agreement may be terminated, at will, by a party
hereto giving written notice thereof to the other party. In the event that LICENSEE
terminates this Agreement, LICENSEE shall remain responsible for payment of any
outstanding amounts already due and payable to LICENSOR.
9. REGULATION; COMPLIANCE WITH LAWS; PROHIBITION OF USE OF
REAL PHOTOS OR IMAGES. During the performance of this Agreement, the
LICENSEE agrees to and shall comply with any and all administrative, operational and
safety rules and regulations established by the LICENSOR, its agents, and/or employees,
and all applicable federal, state and local laws, at all times during the use and operation
of the Premises by the LICENSEE.
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The use or application by LICENSEE, or its officers, agents, employees or
representatives, of photographic investigative lineups or mug shots of suspects for
training or other related activities, including target or shooting practice, shall be
specifically and expressly prohibited at the Facility.
Any breach of any rule or regulation established by the LICENSOR, or applicable
laws, shall result in the immediate termination of LICENSEE's use of the Premises and in
the LICENSOR'S sole discretion, termination of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Temporary License and
Hold Harmless Agreement for use of the Medley Police Firearms Training Center on the
day and year stated below.
LICENSOR:
TOWN OF MEDLEY, a Florida municipal
corporation
NNW _
Jeanette Said-Jinete, Chief of Police
Date: /Z%
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
foregoing ins ent ac -; 1 :ed and sworn before me this __ day
of , 2016 by r >�•. sert name of agency],_ [., g Y], as
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[insert title], of �.1 iL' e_ _ Y i b''1 ' [Insert name of
agency] who is •ersonally ow, to me or who has produced his/her driver's license and
who did/did not take an oath.
EL BETH CHOW• NOTARY PUBLIC
._:�.. '_STATE OF FL
ORIDA
•�!ar Cortvf FF123565
• "` ° % is State of Florida at Large
'�' • �� Expires 6/11/2018 Notary g
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LICENSEE:
THE CITY OF MI•.: I BEACH:
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Jimii
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j L. Mor. e City Manager Date
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..e Oates,Chief Date
ami Beach Police Department
% la um%ATTEST:
, A Ei 0�� _ I GRANADO,CI LERK
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Date
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