2015-104 CITY OF CLERMONT
FACILITY USER AGREEMENT
THIS AGREEMENT, made this rtday of , 2015_, between the City of Clermont, a
Municipal Corporation of the State of Florida, (hereinafter referred to as the "CITY") and Hoops Pat
Burke's Training Facility, LLC, whose address is 15839 Old US Highway 441, Tavares, FL 32778
(hereinafter referred to as the "USER").
NOW THEREFORE, in consideration of the covenants and agreements herein contained,the parties
agree as follows:
1. FACILITY: CITY agrees to permit USER to use that certain facility, equipment,
amenities and services listed in Exhibit "A" attached hereto and incorporated herein as Exhibit "A"
and hereinafter referred to as the"FACILITY".
2. TERM OF AGREEMENT: The term of this agreement shall commence on September 1,
2015 and terminate on April 1, 2016, and more specifically for the dates and times as set forth in
Exhibit "B" attached hereto and incorporated herein. The term of this agreement may be extended
by written agreement, executed by both parties.
3. CONSIDERATION. In consideration for the use of the FACILITY by USER, CITY
agrees to accept and USER agrees to provide SEVEN(7) youth scholarships per season to USER's
Hoops for Life Program with a per scholarship value of$1,185, and subject to the following:
(a) Each scholarship shall entitle the recipient to attend the full program without reduction
in participation time or training, instruction or services provided by USER as compared to a non-
scholarship participant.
(b) Each scholarship shall be awarded to a recipient under the age of 14, who at the time of
registration in the program is a resident of the incorporated municipal limits of CITY. As a
condition hereof, USER, within ten (10) days of the commencement of each season shall provide to
CITY a complete list of the seven scholarship recipients to be provided hereunder. The list shall
include the full name, resident address and telephone number or the recipients and his or her parent
or legal guardian. If USER has not awarded all seven scholarships for each season within thirty(30)
days of the commencement of the applicable season, USER shall immediately, and no later than ten
(10) days after written notification from CITY, pay to CITY, $1,185 for each scholarship not
awarded. The scholarship recipients will be solely selected by USER.
4. INSURANCE.
(a) USER shall, at USER's sole expense, at all time during the term of this Agreement
(including any extension or renewal), maintain general comprehensive insurance for the protection
and benefit of USER and CITY. All policies of insurance shall insure the USER and name the
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CITY as the insured or additional insured against any and all claims, demands, actions and causes of
action whatsoever for injuries received, by any individual, participant, guest, invitee agent or
employee, or damage to the FACILITY, arising out of, or related to the sale of any food, product,
merchandise or equipment, or arising out of the maintenance, use or occupancy of the FACILITY
by USER. Such policies of insurance shall be in an amount of ONE MILLION DOLLARS
($1,000,000.00) per occurrence in an aggregate amount of TWO MILLION DOLLARS
($2,000,000.00) to cover the total aggregate of claims that may arise or to be claimed to have arisen
against the CITY or USER, as aforesaid.
(b). the onginals of the aforementioned policies of insurance, or certificates of the issuance
thereof, shall be delivered to the CITY as evidence of the compliance by the USER with the terms
and provisions contained herein. Each of the said insurance policies shall be issued by a company
or companies authorized to do business in the State of Florida and have an A.M. Best Company
Rating of"A" or better and a Financial Size Category of"VII" or as otherwise approved by CITY,
in its sole discretion. Should the USER fail to provide such insurance, the CITY may, but shall not
be obligated to, procure the same and advance funds for the payment of the cost thereof for and on
behalf of the USER and all such payments shall be considered as rent immediately due and shall be
included in any lien for rent due and unpaid. The proof of insurance as provided herein, shall be
delivered to CITY initially upon execution of the AGREEMENT and thereafter, within thirty (30)
immediately following each renewal thereof.
(c). If during the period which an insurance company is providing the coverage required
by this AGREEMENT, an insurance company shall: 1)lose its Certificate of Authority, 2)no longer
comply with any applicable Florida Law, or 3) fail to maintain the Best Rating and Financial Size
Category, CITY shall, as soon as the USER has knowledge of any such circumstance, immediately
notify the CITY and immediately replace the insurance coverage provided by the insurance
company with a different insurance company meeting the requirements of this AGREEMENT.
Until such time as the Tenant has replaced the unacceptable insurer with an insurer acceptable to
CITY,the USER shall be deemed in default of this AGREEMENT.
(d). The maintenance of insurance coverage as provided herein shall not be construed to
limit nor have the effect of limiting USER's liability under the provision of any clause or paragraph
contained in this AGREEMENT. Nor shall it be considered, construed or act as a waiver of City's
sovereign immunity as provided by Florida Law.
6. USE OF PREMISES. USER covenants that it shall:
(a) utilize the FACILITY in compliance with all applicable Federal, State and City laws
and regulations and all policies of CITY;
(b) not destroy, deface, damage, impair or remove any part of the premises or property
or allow any other person to do so;
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(c) shall not use any signage or promotional materials of any kind, unless approved in
advance by CITY; ad
(d) provide to CITY copies of FDLE criminal background checks and, if applicable,
coaching certifications for any and all managers, coaches, chaperones, supervisors, teachers,
counselors or the like related to activities occurring in or on the FACILITY and in which minors are
participants.
8. LIABILITY FOR DAMAGE. USER is responsible for any and all damage or injury to the
FACILITY of whatever kind, occurring during the use of the FACILITY by USER, reasonable
wear and tear excepted.
9. DEFAULT. The failure of USER to conform and comply with any term, or obligation
imposed upon USER by this AGREEMENT, shall constitute a default of this AGREEMENT. In
the event of default, CITY, without the necessity of providing USER with an opportunity to cure,
may immediately terminate this AGREEMENT and pursue any all legal remedies available to it at
law or in equity. In the event that CITY prevails, USER shall be responsible to CITY for attorney
fees and court costs,at all levels including appeal.
10. CITY LIMITATION OF LIABILITY. The CITY shall not be responsible in any
manner for any loss, damage to any property of USER, or injury to persons resulting, occurring on
or about the FACILITY or related to the use of the FACILITY or by reason of any existing or future
condition, defect, matter, thing, action or inaction, or for the acts, omissions or negligence of other
persons on or related to the FACILITY. In no event and under no circumstances related to any
matter contained herein or any act, action, inaction or omission of CITY, will CITY be responsible
to USER or any third party for any consequential damages, including, but not limited to any loss of
use,profits,or the like.
11. HOLD HARMLESS AND INDEMNIFICATION. USER agrees to indemnify, defend and
hold CITY harmless from any and all claims and liability for losses of or damage to property, or
injuries to persons occurring in or about,or related to use of the FACILITY.
12. TERMINATION OF AGREEMENT. Either party shall have the right upon thirty(30)days
written notice to terminate this AGREEMENT,without cause.
13. Notices. All notices shall be in writing and sent by United States mail, certified or
registered, with return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
USER: Hoops Pat Burke's Training Facility, LLC
15839 Old Highway 441
Tavares, FL 32778
Attn. Pat Burke
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CITY: City Manager
City of Clermont
1300 Ninth Street
Clermont,FL 34769
14. ASSIGNABILITY. This AGREEMENT, or the right conveyed herein, is not assignable
in any manner by USER. CITY may, without USER's consent assign any and all rights and •
entitlement contained herein.
15. AMENDMENT. This AGREEMENT shall not be amended unless in writing and
signed by both CITY and USER.
16. WAIVER. No waiver of any breach, failure to enforce a terms or covenant, of this
AGREEMENT by CITY shall be considered a waiver of any other subsequent breach. The failure
of CITY to insist upon compliance by USER with any obligation, or exercise any remedy, does not
waive the right to do so in the event of a continuing or subsequent breach.
17. INVALIDITY OF PROVISIONS. The invalidity or unenforceability of any provision of
this AGREEMENT will not affect the other provision and this AGREEMENT will continue in all
respects as if the AGREEMENT omitted such invalid or unenforceable provisions.
18. CHOICE OF LAW/VENUE. The laws of the State of Florida will govern this
AGREEMENT and the duties and obligations stated within the AGREEMENT. Any cause of
action to enforce the terms hereof shall be exclusively maintained in Lake County, Florida.
USER acknowledges having read, understood and agreed to these provisions and having
accepted a copy of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this L, day of
September,2015.
CITY OF CLERMONT, FLORIDA
BY: _%
.1 L.—Ash,Mayor
Atte, USER
n
BY:
Officer of L C Pat Burke,Managi ember
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P; ,T BURKE HOOPS LIFE
2015/2016 FALL& WINTER PROGRAMS
SCHEDULE &COSTS
Launch&Announcement
Aug 22 Gym 1:30-4:30 $210.00
Aug 27 Gym 6:00-7:00 $70.00
Sep 02 Citrus Room 6.30-7.30 $18.00
Subtotal $298 00
Tax $20.86
Total $318.86 NOT PAID
Practice Games
Facility Deposit $21 I; NOT PAID
Application fees 2 application X$10 each PAID
SEPT 8,10, 12, 15,17,19,22,24,29
7 DAYS X 3.5 HRS = 24.5
2 DAYS X 4 HRS = 8
32.5 x $70 = $2,275.00
OCT 1,3,6,8, 1Q 13,15, 17,20,22,27,29,31
9 DAYS X 3.5 HRS = 31.5
4 DAYS X 4 HRS = 16
47.5 x $70 = $3,325.00
NOV 3,5, 7,10,12,14, 17,19,21
6 DAYS X 3.5 HRS = 21
3 DAYS X 4 HRS = 12
33 x $70 = $2,310.00
DEC 1,3,8,10, 12,15,17,19
6 DAYS X 3.5 HRS = 21
2 DAYS X 4 HRS = 8
29 x $70 = $2,030.00
$9,940.00
tax $695.80
$10,635.80 NOT PAID