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Home My WebLink AboutVII (E) Discussion/ Action re: Ocoee Schools AGENDA 12-02-97 Rem VL1 E "CENTER OF Goof)LIVING-PRIDE OF WEST ORANGE" MAYORSCOMMISSIONER S.SCOTF VANDERGRIIT Ocoee �� COMMISSIONERS �.y o CITY OF OCOEE DANNYHOWELL �� - 150 N. LAKESHORE DRIVE SCOFFANDERSON \N„....._. /\ O OCOF.E,FLORIDA 34761-225RSCO3T A.GLASS 0V� (407)656-2322 NANCV] PARKER ''4S>AN or.MANAGER Of 6000 ELLIS SHAPIRO MEMORANDUM TO: Mayor S. Scott Vandergrif FROM: Paul E. Rosenthal, City Attorney e DATE: November 19, 1997 RE: Indemnity Agreement with Coca-Cola Company Attached are my comments on the proposed Indemnity Agreement provided by Mr. Kern. The Agreement would require approval of the City Commission and should be placed on the next agenda if you would like to proceed. You should also confirm with Mr. Kern that the revision is acceptable. PER:jg Attachment cc: Ellis Shapiro, City Manager it INDEMNIFICATION AND HOLD HARMLESS AGREE I .NT ) • rcl d. c c-Ith Pd7 4 6j/j) FOR VALUABLE CONSI I." • TION, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby agrees to indemnify, insure, save and hold THE COCA-COLA COMPANY, a a aware corporation, (the "Indemnified Party") harmless from and against, and to reimburse the Indemnified Party for, any and all claims, suits, judgments, liabilities, losses, damages to property and persons, interest, penalties, costs and expenses (including reasonable attorney fees at all levels of proceedings) suffered or incurred by or asserted against the Indemnified Party arising out of, caused by or resulting from the entry on the Indemnified Party's property located in Orange County, Florida northeast of the City of Ocoee and known as the "Fuller's Crossing Grove" by the Mayor of the City of Ocoee and those accompanying him for the purposes of evaluating the suitability of said property for purchase for use as a park or school location. This Indemnity Agreement is binding on the undersigned and its successors and assigns and shall inure to the benefit of the Indemnified Party and its respective legal representatives, successors and assigns. Dated as of November 1997. CITY OF OCOEE By: S. Scott Vandergrift, Mayor Date: Attest: By: 33506nBALEVRAM INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby agrees to indemnify, insure, save and hold THE COCA-COLA COMPANY, a Delaware corporation, (the "Indemnified Party") harmless from and against, and to reimburse the Indemnified Party for, any and all claims, suits, judgments, liabilities, losses, damages to property and persons, interest, penalties, costs and expenses (including reasonable attorney fees at all levels of proceedings) suffered or incurred by or asserted against the Indemnified Party arising out of, caused by or resulting from the entry on the Indemnified Party's property located in Orange County, Florida northeast of the City of Ocoee and known as the "Fuller's Crossing Grove" by the Mayor of the City of Ocoee and those accompanying him for the purposes of evaluating the suitability of said property for purchase for use as a park or school location. This Indemnity Agreement is binding on the undersigned and its successors and assigns and shall inure to the benefit of the Indemnified Party and its respective legal representatives, successors and assigns. Dated as of November . 1997. CITY OF OCOEE By: � V S. Scott Vandergrift, Mayor ( { 14 rel r /�� Date: pnV` p✓' Attest: i. I � S By_ 112v3aa 1)" pc • "1061\BALRVRAM • ^N SGVVELbLeLt Pine middle Mu•nd•F.F4r4rsld amain I.Minor Tnry C.Ymni I.ammo Ryan OW• LOWNDES SSE Thomas Prance Dank!EMaln n Bradley R AneY ark cSaimaa IJ.ai • Julia L Frp H.Gregory McNeill In,S.intern Rmn4L R.Arlin S.Ple<BaW IarL Frry,lr. T To F.Peterson P.Tatham Jima INJktra Barry L GOB T.Tedd PittrnCn Lehi W.}mamma Denham ,k=r I)ROSDICK M.Camay B E Man an Aaron I.G ru Nkhola A.POR k• Wiliam A.Realm Ueda C.Hankinsshiwn e.Rader Lim L CALM panes S.Tanana Wiliam C.Bud.Jr. Ginn 0.Ovkn.Jn Todd D.Walker DO^� A m F .Uwn.Jr. JohnMoreRita n Taylor Ward T' k\J' y)L)1'BJ` Oak A.Burka Relied P.lingua A.Bs4I" Dank 0.GameyMtn Dad A.BurYF lame l.11o¢a Martyr Ryan Michael R. , IIvm A.Wiliam R Char=C.Carrington Gary A.Johnson Margaret.Simowar Jed Pima* Andrew E.Ward Casey M.Gnwrgh Cary M.Elan Ga y A S.Shnmur Thoreau X.known 7�� A V.Mihael Clifford I Id IL Kantor Gary 0.Solo MN Law «Gunte REED PA lad M.rry Conde J Jta D.Danny. lam M.Cwrtra> J G.NmMunn lama M.SpwMwr Amy S.Innen WOWn E Dona Imgh G.KernJ Scan C.Thmnpon KohM.r. Mann Imnlla R.Ly^<h team B.Plan WBWm T.DI+n^d,Jr. H.nyeph A.Lam ead(md O.Wu ManM0.0ltane Cev=Hmdh Michael V.-•• Hem W.Lawrence Julian E.W6llehuru Middle R.Animal Attorneys at Law MMaard PleaUnary R.!Ungava La amid G.WWI Petrick R.Bika J. John F.roundel Jon C.Railer Idea D.Raffia roc Kern's Direct Dial: (407)418-6358 Direct Far (407)8434444 E-Mail: kcmjgQlowndesdew.com November 4, 1997 The Honorable Mayor S. Scott Vandergrift The City of Ocoee VIA TELECOPY Re: The Coca-Cola Company - Fuller's Crossing Grove Property Dear Mayor Vandergrift: I have spoken with representatives of The Coca-Cola Company regarding your desire to enter onto the Company's Fuller's Crossing Grove property for purposes of evaluating its suitability for a potential park or school. The Company is willing to allow you and those accompanying you to visit the property for these purposes provided that the City will provide the Company with an agreement indemnifying and holding the Company harmless as a result of any damage to persons or property as a result of your activities on the property. The Company also reserves the right to terminate your right m enter on the property at any time and will require that you coordinate your entry onto the property with the Company's local property manager. I have taken the liberty of drafting and enclosing a simple Indemnification and Hold Harmless Agreement. Upon its execution on behalf of the City and return to me, I will provide you with the contact information with respect to the Company's local property manager. If you have any questions, please do not hesitate to give me a call. V,efy truly yours, Jose . GACern .IGK/ag Enclosure c. Lynne It. O'Brien, Esquire (via telecopy - w/encl.) Brian Beasley (via telecopy) 14416/19350 215 NORTH EOLA DRIVE • POST OFFICE BOX 2809 • ORLANDO. FLORIDA 32802 355070tBALEVRAMTELEPHONE:407.843-4600 •TELECOPIER 407-4234495• E-MAIL IddkrOlawndes'law.com A MEMBER OF CL IMEBIIAL taw AFFILIARS A WOW DREW pr.AFI ATIS Of IADEVCVDEN1 LAW FIRMS. E/in 3 rVd SannaLbL06l for awN0O"r rw0kld ERE ' 60 Lb-e I -nON LOWNDES TELECOPY 215 North Lola Drive DROSDICK TRANSMITTAL Post Office Box 2809 DOSTER Orlando, Florida 32802-2809 KANTOR & FOR IMMEDIATE Telephone (407) 843-4600 REED, P.A. DELIVERY Telecopier (407) 423-4495 Attorneys at Law CONFIDENTIALITY NOTICE The information contained in this transmission is attorney From: Joseph G. Kern, Esquire privileged and confidential. It is intended only for the use of the individual or entity named below. If the reader of Date: November 19, 1997 this message is not the intended recipient, you are hereby notified that any dissemination,distribution or copy of this If you did not receive the indicated number of pages, or communication is strictly prohibited. If you have received if any pages are illegible, please call us immediately at: this communication in error, please notify us immediately (407) 843-4600 ext. 420 by telephone collect and return the original message to us at the above address via the U.S. Postal Service. We will Thank you, reimburse you for postage. TO: The Honorable Mayor S. Scott Vandergrift TO: FIRM: The City of Ocoee FIRM: FAX #: 578-3036 and 656-5725 FAX #: PHONE #: 299-5598 PHONE #: TO: TO: FIRM: FIRM: FAX N: FAX N: PHONE N: - PHONE N: • COMMENTS/SPECIAL INSTRUCTIONS: NO. OF PAGES (INCL. COVER SHEET): 3 ORIGINAL TO BE MAILED: (TO BE COMPLETED BY 7RANSMITTING OPERATOR) TIME OF TRANSMITTAL: ATTY. NO.: 057 CLIENT NO.: 14476 MATTER NO.: 19350 178345