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2014-117 FACILITY USE AND LICENSE AGREEMENT THIS AGREEMENT, entered into this 9th day of December, 2014 by and between the City of Clermont, hereinafter referred to as "City," and Kingdom Revelation Ministries, Inc a Florida non-profit corporation, hereinafter referred to as "Licensee," whose address is 290 Citrus Tower Blvd , Suite 200 Clermont, FL 34711 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 be effective for the period of June 1, 2014 through and including May 31, 2015, whereupon it shall terminate Either party may terminate this Agreement for cause at any time upon written notice to the other party City, may, upon sixty (60) days written notice to Licensee, 1 terminate 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 all lawful purposes consistent with City's operating rules, policies and procedures for the Site, subject to the terms and conditions set forth herein Licensee shall be limited to the use of the Performance Hall at the Site on Sundays between the hours of 9 a m and 2 p m , or such otter times as agreed to by City Licensee may not use any other part, room or portion of the Site or any other City facility without separate express prior written consent of City Additionally, Licensee, unless otherwise agreed to by the City in writing, shall not house or store on the Site any personal property belonging to Licensee or any officer, employee, agent, invitee or guest thereof 3. Guidelines and Non-Exclusive Rights. This Agreement is specifically conditioned upon Licensee use the Site as set forth herein The Licensee must operate as a 501 (c)(3) non-profit corporation under the laws set forth for incorporation by the State of Florida 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 written agreements between the parties shall be terminated as of the date of this Agreement and 2 shall be deemed hereafter null and void and of no further force and effect whatsoever 4. 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 and any claims, damages, lawsuits, liability's, losses and expenses, including attorney fees and costs,that may result from the negligence of City Nothing herein shall be construed or act as a waiver of any sovereign immunity that City may enjoy 5. Insurance. Licensee, at its own cost and expense, provide and maintain, at all times during the term of this Agreement policies of insurance insuring the Licensee and the City against any and all claims, demands, actions and causes of action whatsoever for injuries received and damage to property in connection with the use and occupation of the Site by Manager Such policies shall in an amount not less than ONE MILLION DOLLARS ($1,000,000 00) to cover claims of any one person from any single or specific cause and in an amount not less than TWO MILLION DOLLARS ($2,000,000 00) to cover, in connection with any one particular accident or occurrence, the total aggregate of claims that may arise or to be claimed to have arisen against the City or the Licensee, as aforesaid 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 3 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 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 6. 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 7. Inspection Rights and General Right of Entry by City. The City shall have the unrestricted right at all times to enter on the premises used by Licensee to inspect the premises to ensure Licensee's compliance with the terms and conditions contained herein This right shall include, but not be limited to, the right to enter into any event or program 8. Maintenance. The City will maintain the Site in accordance with the City's routine maintenance policies and plans Notwithstanding the foregoing, Licensee, at its expense, shall be responsible for general cleaning of the Performance Hall after each use of the Site by Licensee 9. City's Right to Usage. The City retains the right to schedule use of the Site, including the Performance Hall, to accommodate the greater need of the Clermont community In accordance therewith, Licensee and City shall plan on no less than a monthly 4 basis during the term of the Agreement, the use of the Site and specific portions thereof, by Licensee 10. Facility Usage Fees. Licensee shall pay to City the fees described below For the period of June 1, 2014 to December 1, 2014 the sum of TEN THOUSAND EIGHT-FIVE DOLLARS AND 19/100 ($10,085 19) For the period of December 1, 2014 to May 31, 2015 the sum of EIGHT HUNDRED DOLLARS ($800) per actual use of the Site by Licensee The above-referenced fees do not include services of City staff or rental of equipment To the extent that Licensee require staff or equipment, Licensee shall pay City for said equiopemnt and services at City's regular rates City acknowledges and agrees that as of the date that this Agreement, Licensee is entitled to a credit of TEN THOUSAND EIGHT-FIVE DOLLARS 19/100 ($10,085 19) toward the fee charges hereunder Therefore, City shall accept the credit as payment for the period of June 1, 2014 to December 1, 2014 and Licensee acknowledges and agrees that the credit has been satisfied and City is not indebted to Licensee in any amount On or before December 12, 2014, Licensee shall pay to City the weekly fee for the week of December 1 Thereafter, Licensee shall pay the fee no later than the Tuesday following the Licensee's Sunday use of the Site Licensee shall pay the fees, as provided herein to the City, c/o Clermont City Manager, 685 West Montrose Street, Clermont, Florida 34711 11. Enforcement of Use Policies. All persons entering Site are subject to the 5 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 12. 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 property of City and persons using the Site to attend Licensee's events Licensee will be responsible for completing a pre-program 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 bearing 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 6 13. 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 14. 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 15. Concessions. Licensee may not operate a concession facility of any kind without prior written approval from the City 16. Improvements/Alterations. Licensee shall not make any alterations or improvements to the Site, or any facility thereon, without prior written approval from the City 17. Amendments. This Agreement may be amended only through a written document executed by both parties 18. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party Failure to comply with this provision may result in immediate termination of this Agreement 7 19. 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 290 Citrus Tower Blvd Suite 200 Clermont, FL 34711 Attn Christopher Dutruch 20. 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 21. 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 22. 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 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 9`" day of December, 2014 "CITY OF CLERMONT" BY I/ — ail L Ash Mayor DATE December 9, 2014 ATTEST "KINGDOM REVELATION MINISTRIES, INC " TITLE Christopher Dutruch, Presidept DATE DATE /2 9 EXHIBIT "A" Faith Point Church Sundays (8 OOam to 2 OOpm) Performance Hall Required Set-up • Full floor church style seating with a minimum of 700 cushion chairs • Stage Risers • Four stanchions • Two high black chairs on the floor • Two square carpeted risers' set-up near the center of room (for cameras) • Two rear screen projectors • Full operational usage of the sound, lighting, video and stage equipment No alterations to any of the audio/video equipment at any time Lobby Required Set-up • Maximum of four round 72" tables, each set with 6 plastic chairs, set-up on the Recreation Wing side of the room • Maximum of 15 cushion chairs set-up on the B&G Club side of the room, in "U" shape • 2 coffee bars set-up on the Recreation Wing side of the room • Maximum of four 8-ft rectangle tables located near Lobby entrance All Lobby layouts must be approved by the ARC Facility Manger and meet all Fire Safety requirements Recreation Wing Classrooms Required Set-up • Main Hallway o Small rectangle table for check-in with two plastic chairs o **PER FIRE CODE** o Set the table and chairs outside the Rec Wing hallway doors (side closer to the Lobby) against the wall DO NOT allow them to block the recreation hallway doorway or entrance to the rooms with any tables or chairs** • Clermont Room o Maximum of 75 plastic chairs in rows o One portable speaker • Citrus Room o Maximum of two kids tables with 10 kids chairs • Jungle Room o Maximum of two kids tables with 4 kids chairs • Eagles Nest Room Media Room Required Set-up • Full use No alterations to any of the audio/video equipment at any time EXIHIBIT "A" Page 2 Backstage Entrance Required Set-up • Doors open but no use for storage Hallways to remain clear at all times Kitchen Required Set-up • Access for ice only No other usage allowed