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2011-05 LAKE ACCESS RAMP UTILIZATION AGREEMENT THIS LAKE ACCESS RAMP UTILIZATION AGREEMENT, entered into by and between Blackwater Heartwood Salvage, LLC, a Florida Corporation, whose address is 14003 Tomaka Road, Jacksonville FL 32225, hereinafter referred to as "Grantee" and the CITY OF CLERMONT, FLORIDA, a Florida municipal corporation ( "City"). RECITALS: A. WHEREAS, Grantee will be working to remove submerged logs from Lake Minneola as authorized and permitted by the Florida Department of Environmental Protection; and, B. WHEREAS, Grantee desires to utilize City's Lake Access Ramp to accomplish the removal of the submerged logs; and E. WHEREAS, City requires that Grantee undertake certain commitments and covenants with respect to the utilization of the Lake Access Ramp. NOW, THEREFORE, in consideration of the foregoing and of the terms and conditions set forth herein, the parties agree as follows: 1. RECITALS. The foregoing recitals are true and form a material part of this Agreement. 2. LAKE ACCESS RAMP UTILIZATION. City does hereby consent to Grantee's utilization of the Lake Access Ramp as set forth and in accordance with the terms and conditions set forth this Agreement and in Exhibit "A" attached hereto and incorporated herein. Grantee shall repair and replace any damage caused by Grantee or related to its use of the Lake Access Ramp. 3. TERMINATION. The right granted herein shall terminate upon the completion of the work to be performed by Grantee as authorized by the Florida Department of Environmental Protection Permit. Provided, however, that City may terminate this Agreement at anytime, without cause. Upon termination, Grantee shall immediately cease using the Lake Access Ramp. 4. INDEMNIFICATION. To the fullest extent permitted by law, Grantee shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including reasonable attorney's fees and costs, arising out of or resulting from the use of the Lake Access Ramp by Grantee or the performance of their obligations under this Agreement. 5. INSURANCE. Grantee shall obtain or possess commercial general liability insurance with limits of not less than $200,000 Combined Single Limit (CSL) or its equivalent. Grantee shall provide a Certificate of Insurance to the City prior to commencing operations under this Agreement to verify insurance coverage. Grantee shall maintain such insurance 1 coverage throughout the duration of this Agreement, including the initial period and all extensions thereto. The insurance coverage shall name the City as an additional insured, and shall contain a provision which forbids any cancellation, changes or material alterations in the coverage without providing thirty (30) days' prior written notice to City. 6. COMPLIANCE WITH APPLICABLE LAWS. Grantee shall comply with all applicable state laws and all city ordinances. 7. VENUE AND APPLICABLE LAW. Any action to enforce the terms, conditions and obligations of this Agreement shall be governed by the law of the State of Florida and venue for such action shall be exclusively in Lake County, Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and executed as of the day and date first above written. Attest: Grantee: .1cu_KkAktfer Hear# Wood (Sa I vifx e LC.0 /�i..- �i . ✓� B Printed Name and T Printed Name and itle b STATE OF FLORIDA COUNTY OF LAKE n The foregoing instrument was acknowledged before me this t da of f by lco � s day �e bR�,o , 2011, �� a,� , as �wn�e.2_ of I Wa,f, on behalf of the company. She [ ] is personally known to me or [ ] has produced ` 1_ �, as identification. Notary Public Print Name: <2...f (N\ke j$4, d1 poi MARIE CHIDLOW My Commission Expires: * � * MY COMMISSION 1 DD 939155 Hui EXPIRES• November 11, 2013 CITY OF CLERMONT, FL s rnn, B udget fi ery s emces Attest: Florida municipal corporation By: Wa e S unders, City Manager T � ' /g -� /l 5 Ali56 % V® ./ <J deer Date: 2 MAP EXHIBIT "::., i, Boat Ramp LAKE t '`` MINNEOLA' ". 1 ..... It ' q • t e ' • • Ar, NW -'' ' ! - ,' ' ' ci' I : , , - 1 W. OSCEOLA ST. --- - - /;,� _ . • I' 4 i 5�: � .. ;! • I .1111® • r y� -- - o'L'•.. �- ' p A ` ° CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ 0 11rrn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Hull & Company, Inc CONTACT 800 Carillon Parkway, Suite 150 PHONE (A/C. No. Extl. 1 (AIC (A/C. No) St Petersburg FL 33716 Wass INSURER(S) AFFORDING COVERAGE NAIC p INSURER A Northern Assurance Co of America 38369 INSURED Blackwater Heartwood Salvage, LLC INSURER B 14003 Tomaka Road INSURER C INSURER D Jacksonville FL 32225 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUBR LTR TYPE OF INSURANCE INCRJANG POUCY NUMBER (MM/ (MM /DD/YYYYY) UMITS GENERAL UABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL S ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ - 1 POLICY I JE Q Ti LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLA LIAR _OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? n N 1 A (Mandatory In NH) E L DISEASE - EA EMPLOYEE $ If yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ A Protection & Indemnity X N5JH24804 02/17/2011 02/17/2012 CSL $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) 1977 20' Work Boat Certificate Holder is named as Additional Insured as their interest may appear CERTIFICATE HOLDER CANCELLATION City of Clermont Flonda - Attn Barbara Hollerand SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P 0 Box 120219 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Clermont, FL 34712 ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE i• © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Use Agreement Authorization The waters adjacent to the landing described below will be approved for non - public use in association with: DEP Use Agreement #: VA 3 s"'- S 3 Z Permittee Name: F/�.44kw.4 E•ArL.raO, 54z ,qtt LL Landing or Property description/name: a Leenurt• 30Ar e401P AND ADJACENT U✓A MPS &AJ ti-IF so r+j S1-lo, g 49P L.AK_F' rtt,Aqucew 44 'Ai O. 1,8416t0Aor FL. This authorization will also allow access to property described above for inspections and any work associated with above use agreement. C,i of Cfefm014- Date: c �` g /// Managing Agency or Landowner �i%.� Auth•d Signature (Agency Director or Designee) iA/cAylie Saunders, CG-iy rflGnojer Printed Name and Title 2'd L80b76£2S£T:O1 :wo83 d20:SO TT02 -T -833