2014-109 d
FACILITY USE AND LICENSE AGREEMENT
THIS AGREEMENT, entered into this I I day of SAN , 2014 by and between
the-City of Clermont, hereinafter-referred to as "City," and Boys and Girls Club of Lake &
Sumter Counties, Inc. a Florida non-profit corporation, hereinafter referred to as "Licensee,"
whose address is P.O. Box 896179, Leesburg, FL 34789.
WITNESSETH:
WHEREAS, the City is the owner of a certain public facility located in Clermont, Florida,
commonly known as Clermont Arts &Recreation Center, hereinafter referred to as the"Site"; and
WHEREAS, Licensee desires to utilize certain facilities located at the Site for the
purposes hereinafter set forth; and
WHEREAS, the City, pursuant to its municipal authority as set forth in Chapter 166,
Florida Statutes, may provide the general public with playgrounds, recreation areas, and other
recreational and cultural facilities, programs and support for recreational programs, including
such programs as Licensee desires to promote.
NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually
agreed between the parties as follows:
1. Term and Termination. The term of this Agreement shall commence on
execution of this Agreement and terminate on August 31, 2014. The Agreement may be renewed
thereafter based on the mutual agreement of the parties after considering and reviewing
Licensee's activities,programs and attendance statistics.
Either party may terminate this Agreement for cause at anytime upon wntten
notice to the other party. City, may, upon thirty (30) days written notice to Licensee, terminate
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the Agreement for any reason. Upon termination of the Agreement for any reason, the Licensee
shall, as of the effective date of the termination, cancel or terminate all activities occurring or to
occur on the Site and remove all personal property of Licensee from the Site.
2. Use of Property. The City agrees to permit Licensee to utilize the Site for the
purpose of providing youth recreation and sports programs in Clermont, Florida subject to the
terms and conditions set forth herein and as more particularly described in Exhibit "A" attached
hereto and incorporated herein.
3. Guidelines and Non-Exclusive Rights. This Agreement is specifically
conditioned upon Licensee continuing to run its program in such a manner that Licensees
activities are open to all eligible youth who wish to participate, regardless of ability, sex, religion
or race. The Licensee must operate as a 501 (c)(3) non-profit corporation under the laws set forth
for incorporation by the State of Flonda. A certificate of incorporation and copy of the
Licensee's by-laws must be supplied to the City. In the event that Licensee changes this policy
or loses its 501(c)(3) status this Agreement shall be terminated immediately.
This Agreement may not be assigned or transferred in any manner by Licensee. Any such
assignment or transfer is expressly prohibited. Any previously existing oral or wntten
agreements between the parties shall be terminated as of the date of this Agreement and shall be
deemed hereafter null and void and of no further force and effect whatsoever.
4. Certification & Volunteer Screening. Each manager, coach, and supervisor of
Licensee is encouraged to be certified in Cardiopulmonary Resuscitation and First Aid. As a
condition precedent to Licensee's rights hereunder, Licensee shall obtain at its expense and
maintain fingerprint background screenings reports on every employee or volunteer who will
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have direct access to children. The reports shall be obtained through the Florida Department of
Law enforcement and shall be no older then three (3) years. Copies of the reports shall be
provided to the City upon City's request. Licensee shall prohibit any employee or volunteer on
the Site if said employee or volunteer has at anytime pled no contest to, participated in pre-trial
diversion or other alternative sentencing or been convicted of a crime constituting a felony under
the laws of the State of Florida or any comparable law of another state. Licensee shall provide an
affidavit, in a form acceptable to City and executed by the Licensee's president verifying that the
above background screening was completed for all employees and volunteers who may have
direct access to children. The Licensee must submit the affidavit within three days of the
effective date hereof
5. Indemnification. Licensee shall defend, indemnify and hold harmless the City
from and against all claims, damages, lawsuits, liabilities, losses and expenses, including
reasonable attorney's fees and costs, arising out of or resulting from the Licensee's use of the
Site. Such indemnification shall include all claims of Licensee's guests and participants.
Nothing herein shall be construed or act as a waiver of any sovereign immunity that City may
enjoy.
In accordance with the above, Licensee expressly agrees and acknowledges that it will
require each participant, if of legal age, or each participant's parent and/or legal guardian,
execute a hold harmless, waiver and release of potential claims against the City. The release
shall be in a format as approved by the City in advance.
6. Insurance. Licensee, at its own cost and expense, shall keep in force during the
term of this Agreement minimum insurance coverage, as set forth in Exhibit "B" attached hereto
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and incorporated herein.
All such insurance shall be evidenced by a Certificate of Insurance which must be
submitted to, and approved by, the City prior to any use by Licensee of the Site under this
Agreement. The City shall be named as an additional insured on the insurance policy, which
shall be noted on the Certificate of Insurance and the City shall be provided with a thirty (30)
day, prior written notice in the event of cancellation, non-renewal or adverse change to such
policies. Failure to comply with any insurance requirement shall cause immediate cancellation of
this Agreement. Nothing herein shall be construed or act as a waiver of any sovereign immunity
that City may enjoy.
All Licensee personal property housed or placed at the Site shall be at the sole risk of
Licensee. The City shall not be liable, in any manner, for any loss or damage to any of the
Licensee's or participants' personal property whatsoever.
7. Communication. Licensee shall advise City in advance of the name and contact
information for Licensee's designee for communication purposes between the City and the
Licensee. All communication by the Licensee with the City must be made through the
Licensee's designee. Communication, information or requests for service by Licensee must be
made to the Parks and Recreation Supervisor or his/her designee.
8. Maintenance of Records; Audit. For a period ending three (3) years after the
expiration or termination of this agreement, Licensee shall make all records and documents
relating to this agreement available for inspection and copying by the City or any agent
designated by the City. Notwithstanding anything to the contrary stated above, Licensee
recognizes that certain documents that it may maintain in accordance with the use of the Site and
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this Agreement may be Public Records under the law of the State of Florida and, therefore,
Licensee agrees that it shall comply with all applicable terms of said law to the greatest extent
possible.
9. Right of Entry by City. The City or its agents may, at any time, enter into and
upon the referenced Site, including the right to enter into any sporting event or recreation
program.
10. Maintenance. The City will maintain the site in accordance with the City's
routine maintenance policies and plan for the facility.
11. Site Usage. The City retains the right to schedule Site uses to accommodate the
greater need of the Clermont community. In accordance therewith, Licensee and City shall plan
on no less than a weekly basis during the term of the Agreement, the use of the Site and specific
portions thereof, by Licensee.
12. Site Usage Fees.
Licensee shall pay to City the sum of ONE THOUSAND DOLLARS ($1,000) for each
month, or portion thereof, during the Term of this agreement. Licensee shall pay the fee, on or
before the 10t day of each month or portion thereof. The payment shall be made to the City, c/o
Clermont City Manager, 685 West Montrose Street, Clermont, Florida 34711.
13. Enforcement of Use Policies. All persons entering Site are subject to the policies
set forth by the City. The Licensee is charged with the enforcement of those policies by the
participants in Licensee's programs and events. . Uniformed law officers may be called upon to
enforce applicable City ordinances. The City may ban any program participant or event attendee
from admission to the Site for such length of time as the City may deem necessary.
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14. Safety Requirements. Licensee will take all reasonable precautions for the safety
of, and will provide reasonable protection to prevent damage, injury or loss to all persons and
property in the park.
Licensee will be responsible for completing a pre-program/event/field/pool safety check.
Any unsafe condition/deficiency should be reported immediately to City prior to the start of use.
Commencement of use by Licensee constitutes agreement as to the safety of Site conditions.
Licensee shall report all safety concerns to the City immediately.
Licensee will comply with all applicable safety laws, ordinances, rules, regulations,
standards and lawful orders of any public authority beanng on the safety of persons or property,
and protection of such from damage, injury or loss. Licensee will act to prevent threatened
damage, injury or loss in an emergency affecting the safety of persons or property.
The City, at any time, may cancel, postpone, or delay any use, program or event due to
inclement weather or any other factors which might impair the safety of the participants or cause
damage to the Site. The City will advise the Licensee, as soon as reasonably possible, in the
event of cancellation.
15. License Only. This Facility Agreement is a license for temporary use only and
creates no possession or ownership interest in the Licensee, or exclusive use, of the Site. The
term "Licensee" is used in this document merely for descriptive convenience and in no way
creates or implies any possessory interest whatsoever.
16. Signs/Banners. All signs and banners to be used by Licensee shall be approved
in advance by City and installed, erected or hung in accordance with the City's specifications.
Any unapproved signage may be immediately removed by the City.
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17. Concessions. Licensee may not operate a concession facility of any kind without
prior written approval from the City.
18. Improvements. Licensee shall not make any alterations or improvements to the
Site, or any facility thereon, without prior written approval from the City.
19. Amendments. This Agreement may be amended only through a wntten
document executed by both parties.
20. Assignment. This Agreement may not be assigned by either party without the
prior wntten consent of the other party. Failure to comply with this provision may result in
immediate termination of this Agreement.
21. Notice. All notices required to be given under this agreement shall be deemed
sufficient to each party when delivered by United States Mail to the following:
As to the City: 685 West Montrose Street
Clermont, FL 34711
Attn.: Darren Gray, City Manager
As to the Licensee: Boys &Clubs of Lake & Sumter Counties, Inc.
P.O. Box 896179
Leesburg, FL 34789
Attn.: Freddy Williams, Chief Executive Officer
22. Governing Law/Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any action hereunder shall be
exclusively in Lake County, Florida.
23. Signatory. Each signatory below represents and warrants that he or she has full
power and is duly authorized by their respective party to enter into and perform this Agreement.
Such signatory also represents that he or she has fully reviewed and understands the above
conditions and intends to fully abide by the conditions and terms of this Agreement as stated.
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24. Entire Agreement. This Agreement contains the entire agreement between the
parties. No promises, representations, warranties or covenants not included herein has been or
shall be relied upon by either party. Any,modifications, additions, or amendments hereto must be
in writing and signed by all parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
day of /L-7.qc 2014.
"CITY OF CL ' ONT"
BY: ,M
► gliY ray
ity Manager
DATE: O(p/l I oo/1-
ATTEST: Boys &Girls lub of Lake& Sumter Counties, Inc.
I
TITLE: lit f)__`='"1 Freddy Williams, Chief Executive Officer
DATE: — ( T DATE: � /—/
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Exhibit "A"
City of Clermont Residents Summer Program Rates
$25 per week
Non-Residents Published Summer Program Rates
$50 per week
General Activities for the Summer Camp
Sports- Basketball, Soccer,Tennis, Volleyball, Swimming, Exercise and Physical fitness
Arts & Crafts, Brain Gain, Culinary, Leadership - Life Skills, Performing Arts, High Yield Activities,
Field Trips Offsite- Roller skating, West Beach Kaboom Playground, Wet N Wild, Library
Among other weekly activities
COUNTY OF LAKE
STATE OF FLORIDA
AFFIDAVIT IN COMPLIANCE WITH LICENSE AGREEMENT
BEFORE ME, a notary public duly authorized in the State and County aforesaid to
administer oaths and take acknowledgements, this day personally appeared Lena Williams (the
"Affiant") who, by me being first duly sworn, depose and say:
1. Affiant has personal knowledge of the matters stated in this Affidavit, all of
which are true and correct to the best of Affiant's information and belief. Affiant is the President of
Boys and Girls Club of Lake & Sumter Counties, Inc. (Boys and Girls Club) and is authorized to
make this Affidavit. This Affidavit is given in connection with the License Agreement dated
,2014 between the City of Clermont and the Boys and Girls Club of Lake&Sumter
Counties, Inc.
2. In accordance with Paragraph 4"Certification and Volunteer Screening",of
the above-referenced license agreement,Affiant does herby certify that the background checks and
screening as required by the license agreement have been completed on all employees and volunteers
of the Boys and Girls Clubs.
3. Affiant understands that material reliance will be placed upon this Affidavit by
the City of Clermont with regard to the Boys and Girls Clubs compliance with the terms of the
above-referenced license agreement.
FURTHER AFFIANT SAYETH NAUGHT.
Freddy Williams
STATE OF FLORIDA
COUNTY OF LAKE
,},/
THE FOREGOING INSTRUMENT was acknowledged before me this 17 day of
June 2014,by Freddy Williams as Chief Executive Officer of Boys and Girls Club of Lake&Sumter
Counties, Inc., who is either (a) personally known to me, or (b) ✓ who has produced
as identification.
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