08/15/2012 AgreementAGREEMENT FOR USE OF SUGARLOAF FIRE STATION
THIS AGREEMENT, made and entered into this 1 day of
Au ast, 2012, by and between MONROE COUNTY, FLORIDA, (
" OUNTY "), a political subdivision of the State of Florida whose address
is 1100 Simonton Street, Key West, Florida 33040, and Sugarloaf Key
Volunteer Fire Department, Inc., ( "SLVFD ").
WHEREAS, there is a need for an increased fire and emergency
medical services presence on Sugarloaf Key and surrounding environs;
and
WHEREAS, SLVFD is the owner of the property located at 17175
Overseas Highway, Sugarloaf Key, FL 33042, which includes the fire
station;
WHEREAS, the parties have agreed to make the property available
for an increased presence by Monroe County Fire Rescue.
NOW THEREFORE, in consideration of the mutual covenants
stated herein, the parties agree as follows.
1. SLVFD agrees to allow Monroe County Fire Rescue to utilize
the SLVFD's building and property for the purpose of locating two career
firefighters on a trial basis during the hours of 8 am to 6pm weekdays
(Monday through Friday, holidays included) to respond to emergencies
within the surrounding area as well as mutual/ automatic aid responses
as an augmentation to the existing volunteer response.
2. The parties further understand and agree that MCFR will
provide Advanced Life Support (ALS) during the hours the career
firefighters are present, but under no circumstances will any controlled
substances be left on the property or in any apparatus after the
departure of the career staff.
3. This agreement is effective and will run from 7/9/2012 to
2/9/2013 unless extended by mutual agreement of both parties.
4. Anything not specifically stated herein or any deviation from
the terms laid out here regarding the utilization of the building and
property is subject to negotiation and approval by both parties.
5. SLVFD will continue to recruit and train volunteer
firefighters for the purpose of providing around the clock emergency
response.
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6. The parties agree to execute the Hold Harmless Agreement,
attached hereto, to protect the SLVFD Corporation and its members from
any liability arising from the presence of career staff on its property.
7. SLVFD would like to thank Monroe County for their
continued support and will work with all parties to ensure the best
possible community support.
8. Notices.
Any notice required or permitted under this agreement shall be in writing
and hand delivered or mailed, postage prepaid, to the other party by
certified mail, returned receipt requested, to the following:
For Monroe County Fire Rescue:
Chief James Callahan
Monroe County Fire Rescue
490 63rd Street Ocean, Suite 140
Marathon, FL 33050
For Sugarloaf Key Volunteer Fire
Department, Inc.
Chief Michael W. Bowden
17175 Overseas Highway
Sugarloaf Key, FL 33042
With a copy to:
Monroe County Attorney's Office
1111 12th St. Suite 408
Key West, FL 33040
Attention: Cynthia L. Hall, Esq.
9. Severability. If any term, covenant, condition or provision of
this Agreement (or the application thereof to any circumstance or person)
shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement
shall be valid and shall be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The parties
agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the
stricken provision.
10. Authority. Each party represents and warrants to the other
that the execution, delivery and performance of this Agreement have
been duly authorized by all necessary County and corporate action, as
required by law.
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IN WITNESS WHEREOF the parties hereto have executed this
Agreement on the day and date first written.
(SEAL) Board of County Commissioners
Attest: Danny L. Kolhage, Clerk of Monroe County
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Date:
PAD }g ro EaRM:
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OR TWO WITNESSES
(1
(1)
Print Name
Date:
By: Chief James K. Callahan
M roe County Fire Rescue
Sugarloaf Key Volunteer Fir Department, Inc.
By
Pr sident, Scott Grzybowski
Print Name
Date: Z 2-
Sugarloaf Key VolGh eer ire Department, Inc.
By t.
Fir Chief-Michael W. Bow n
Print Name
Date:
(2)
(2)
Print Name
Date:
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Sugarloaf Key Volunteer Fire Department Hold Harmless Agreement
This Hold Harmless and Indemnification Agreement ( "Agreement ") is
entered into by and between Monroe County Board of County
Commissioners hereinafter "User" and Sugarloaf Key Volunteer Fire
Department, Inc. (hereinafter, "SLVFD ") on this /6Wi day of August
2012, at Sugarloaf Key, Florida. All references to "User" in this
agreement include all agents, employees, volunteers, representatives,
invitees and guests of the User.
Whereas, User desires to use the SLVFD building and property located at
17175 Overseas Highway, Sugarloaf Key, FL 33042; and
Whereas, the intent of this Agreement is to indemnify SLVFD from any
claims arising from and related to User's use of these premises.
Now therefore, for valuable consideration, the receipt of which is hereby
acknowledged, User and SLVFD agree as follows:
1. Subject to and without waiving the provisions of Section 768.28,
Florida Statutes, User will indemnify and hold harmless the SLVFD
(and all employees, agents and volunteers), from any and all
claims, losses /damages, actions, judgments and other liabilities,
including all costs of defense and attorney's fees incurred in
defending against same, arising from and related to User's use of
the building and structure located at 17175 Overseas Highway,
Sugarloaf Key, FL 33042.
2. In the event that SLVFD is presented with a claim arising out of
User's use of the subject property, SLVFD agrees to present such
claim to the User for handling. If User does not agree to defend
and defend SLVFD within twenty (20) days of presentation of such
claim, then SLVFD shall be entitled in its reasonable discretion, to
settle claims prior to suit or judgment, and in such event User
shall indemnify and hold harmless the SLVFD for any such claims
paid, including the SLVFD's reasonable attorney's fees incurred
resulting from such claim.
3. User also understands that this acknowledgement of risk and hold
harmless is intended to be as broad and inclusive as permitted by
the laws of the State of Florida and that if any portion hereof is
held invalid, User agrees that the balance shall, notwithstanding,
continue in full legal force and effect.
4. This agreement is effective and will run from 7/9/2012 to
2/9/2013 unless extended by mutual agreement of both parties.
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r
WHEREFORE, this agreement is executed as of the date written above.
(SEAL)
Attest: Danny L. Kolhage, Clerk
Board of County Commissioners
of Monroe County
By::; Chief James K. Callahan
Monroe County Fire Rescue
Sugarloaf Key Volu*eer Fire Department, Inc.
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� — 3 d-D 1 2-
OR TWO WITNESSES
(1)
(1)
Print Name
Date:
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
Date:
Pp6sident, Scott Grzybowski
SC� l�o►.uSL
Print Name
Date: Z- Z
Sugarloaf Key of nteer Fire Department, Inc.
By 1 -� �
Fire Chief chael W. 998wde
Print Name
Date:
(2)
(2)
Print Name
Date:
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