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2011-20 FIRST AMENDMENT TO CITY OF CLERMONT AND THE SOUTH LAKE COUNTY HISTORICAL SOCIETY, INC. CLERMONT HISTORIC VILLAGE USE AGREEMENT This Amendment is to that certain agreement of December 8, 2009 (the Agreement) between the City of Clermont, hereinafter referred to as "CITY" and The South Lake County Historical Society, Inc., hereinafter referred to as "HISTORICAL SOCIETY". The parties, in exchange for the mutual covenants contained herein and in the Agreement, agree as follows: 1. This Amendment expressly modifies the Agreement and in the event of a conflict, the teens and conditions of this Amendment shall prevail. 2. Section 3, Use of Property, of the Agreement is amended to provide that the HISTORICAL SOCEITY shall have access to the Quonset Hut existing at the Historical Village. The right to use the Quonset Hut as granted herein shall not be exclusive to HISTORICAL SOCIETY and shall be subject to CITY"s sole determination as to the amount and location of the space within the Quonset Hut that HISTORICAL SOCEITY shall be permitted to use. Further, CITY may terminate HISTORICAL SOCEITY's right to use the Quonset Hut at anytime. 3. Section 6, Insurance, of the Agreement is amended to provide that HISTORICAL SOCIETY shall not be required to obtain insurance coverage on the contents of the Historical Village and Museum Buildings. In exchange and in consideration therefore, HISTORICAL SOCIETY expressly agrees to hold harmless, release and indemnify CITY from any and all claims, damages, lawsuits, liabilities, losses or expenses of any kind, including reasonable attorney fees and costs, arising out of, or resulting from, the damage to any contents of the Historical Village and Museum Buildings and the Quonset Hut. Said hold harmless, release and indemnification shall be applicable regardless of whether the damage or loss results from the 111009 1 negligence of CITY or HISTORICAL SOCIETY, or their respective employees, agents or assigns. 4. All other terms and conditions set forth in the Agreement shall remain in full force and effect and unchanged as agreed to by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this /a 7-4 day of 4p;/ 2010. Attest: The City of Clermont, .Q ■1114116 } B . � _Awi By *1!" Tracy A .foyd, City Cl tf Mayo�Har ld Turville, Jr. Date: y � /), 261/ Attest: South Lake Historical Society, Inc. By: By: I�e�i� Title ♦ , e . _ : _ ..► : �, C ..a , f. Presiden V Date: 4 90/ 111009 2