HomeMy WebLinkAboutVII(A) Discussion/ Action Re: Ocoee SchoolsOcoee
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"CENTER OF GOOD LIVING -PRIDE OF;VEST ORANGE"
CITY OF OCOEE
150 N. LAKESHORE DRIVE
OCOEE, FLORIDA 347 61-2258
(407) 656-2322
MEMORANDUM
TO: Mayor S. Scott Vandergrift
FROM: Paul E. Rosenthal, City Attorney
DATE: November 19, 1997
RE: Indemnity Agreement with Coca-Cola Company
agenaa u -16-v/
Item VII A
MAYOR • COMMISSIONER
S. SCOTT VANDERGRIFT
COMMISSIONERS
DANNY HOWELL
SCOTT ANDERSON
SCOTT A. GLASS
NANCY J. PARKER
CITY MANAGER
ELLIS SHAPIRO
Attached are my comments on the proposed Indemnity Agreement provided by
Mr. Kern. The Agreement would require approval of the Citv Commission and should be
placed on the nest 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
INDEMNIFICATION AND
-ex +e^+
FOR VALUABLE CONSID TION, the receipt and sufficiency of which is hereby
acknowledged, the undersigned hereby agrees to indemnify, insure, save and hold THE
COCA-CQLA COMPANY, a D 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 acid 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 Vandergrif� Mayor
Date:
Attest:
3350611BALEVRAM
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 Parry and its respective legal representatives,
successors and assigns.
Dated as of Noyember _, 1997.
A 1 "QG I\BALEV RAM
4
CG 7 i. / fA L. I
CITY OF OCOEE
S. Scott Vandergrift, Mayor
Date:
Attest:
By:
6 /Z
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 liolding 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 to 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 fy truly yours,
Jose t G6. ern
JGK/ag /
Enclosure
c: Lynne R. O'Brien, Esquire (via telecopy - w/encl.)
Brian Beasley (via telecopy)
14476/19350
215 NORTH EOLA DRIVE - POST OFFICE BOX 2809 - ORLANDO. FLORIDA 32802
3550701BALEVRAMTELEPHONE: 407.843.4600 - TELECOPIER: 407.423-4495 - E-MAIL lddkralowndes-law.com
A MEMBER OF COMMERCIAL LAW AFFILIATES. A WORLDWIDE ORGANILITION OF INDEPE.YOENT LAW FIRMS.
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Erne •rosdick
Miranda 11. Fitaterald
7lmochy J. Ntmor
Terry G Young
J. Brannan Ryao
(tS. , it1)
Thomas L Francis
Daniel F. McIntosh
Bradley R. ABry
Mark D. Seimoca
T
Jul1 L Frey
H. McNeill
E.
S Phe Basad
(err S.
1/ QWNDES
Kanneth A. Artin
Jame, sallttta
Louis
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David E. Peoawn
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Kathl W. BorkWdtr
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Clu•istopher P. Tenitae
Matt E Beal
Barry L Goff
Aaron J. Gorovka
T. Todd Pittenger
Nicholas A. Pope
U" M. Coa®cr
Danha" Thakku
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JamS. Toseatto
DROSDICK
William A. Beckett
Lluda G Hankins
Shawn G. Rader
wry L Gerard
Todd D. palter
Wk7tam R Bird r.n.
Jamin F.
Mora.
Clinton R. Darim r.
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Taylor' D. Wald
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Matthew G. Rrearw
Robert P. lIiEEvu
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Reed.
John A. Reed. Jr.
Darrell D. Garvey
John T. Weuatls, Jr.
JI Jl
Dak A. Burket
fames J. Hoctor
Michael Ryan
Xkltad R- ��s
Kum A. Wt4iams
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KANMR
Carrington
Chines M.
Gary M. Gnnaugh
Lawn A.Kal k.
Gary M. Kakis
Mestousarpm H Schreiber
Ckamua J. Simmonsnmoas
Th mP. s ILJ
Thoma. K. Johnson
Andrew 1: WarreD
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W. Michael CliffordO7=n..k
REED, P.A.e.
. Terry Co ren
Janet M. Courtney
Fial H. Kantor
James G. KAttelmann
Joseph G. Kern
Gary R Solea
James M. Spoonhour
Scott G Thompson
Pets L Lapse
Amy S Lowndes
Rkhud IL Lynch a
)aWfer R. Lynch
William L Dosser
joacph A. Lane
Brad(ord D. Wert
Ksfth Menai
. Matthew R. OXatte
Tana S Finer
Wiffiam T. Dymond. Jr.
Harry W. Lawrence
Julian L Whitchursc
?dkbdk L Reaoora
Charles H. Webb
Attorneys at Law
Michael,V.
Eld�
R. Klrnbuk Ile
David G. WRliford
Pau*k K. Rhtka
J.
John P. Lowndes
Jon C. YerEhY
John D. Wrier
Joe Dun's Direct Dial:
(407) 418-6358
Direct Fax:
(407) 843.4444
E -Mail: kernjg@1owndeS-Iaw.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 liolding 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 to 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 fy truly yours,
Jose t G6. ern
JGK/ag /
Enclosure
c: Lynne R. O'Brien, Esquire (via telecopy - w/encl.)
Brian Beasley (via telecopy)
14476/19350
215 NORTH EOLA DRIVE - POST OFFICE BOX 2809 - ORLANDO. FLORIDA 32802
3550701BALEVRAMTELEPHONE: 407.843.4600 - TELECOPIER: 407.423-4495 - E-MAIL lddkralowndes-law.com
A MEMBER OF COMMERCIAL LAW AFFILIATES. A WORLDWIDE ORGANILITION OF INDEPE.YOENT LAW FIRMS.
ROVd S6T7t'CZb4Obi t Q I W9 W08-4 0E : 60 46-61 — A 0 N
LOWNDES
DROSDICK TELECOPY 215 North Eola Drive
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
From: Joseph G. Kern, Esquire
Date: November 19, 1997
If you did not receive the indicated number of pages, or
if any pages are illegible, please call us immediately at:
(407) 843-4600 ext. 420
Thank you,
TO: The Honorable Mayor S..Scott Vandergrift
FIRM: The City of Ocoee
FAX #: 578-3036 and 656-5725
PHONE #: 299-5598
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