R-2017-36 CITY OF CLERMONT i f
RESOLUTION NO. 2017-36 it
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF CLERMONT, LAKE COUNTY, AND THE I'I
FLORIDA DISC GOLF FOUNDATION, INC. FOR CONSTRUCTION,
MAINTENANCE, AND PROMOTION OF A DISC GOLF COURSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of I
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Clermont, Lake County, Florida, that:
SECTION 1.
The City Council does hereby approve and accept the agreement between the City of Clermont,
Lake County, and The Florida Disc Golf Foundation, Inc. for the construction, maintenance, and ,1
promotion of a disc golf course at Lake Hiawatha Preserve to be part of the "Lake County Disc 1'
Golf Trail", subject to the conditions contained in the Agreement.
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SECTION 2.
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The Mayor is authorized and directed to enter into the agreement attached hereto as Exhibit 'A'. 1
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SECTION 3.
This Resolution shall take effect immediately upon its adoption.
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CITY OF CLERMONT
RESOLUTION NO. 2017-36
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida this 8`h day of August, 2017.
. CITY OF CLERMONT
2S-1,a
Gail L. Ash
Mayor
ATTEST:
Tracy Ackroyd Howe, City Clerk
Apps f . to fo • and legality:
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DSPRr.. 'a zaris, City Attorney
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AGREEMENT
BETWEEN
• LAKE COUNTY, FLORIDA,
THE CITY OF CLERMONT, FLORIDA,
AND
THE FLORIDA DISC GOLF FOUNDATION,INC.,
FOR CONSTRUCTION, MAINTENANCE,AND PROMOTION
OF DISC GOLF COURSE
This is an Agreement made between Lake County;Florida, a political subdivision of the State of
Florida(hereinafter the"County"),the City of Clermont, Florida, a municipal corporation organized under
the laws of the State of Florida (hereinafter the "Host"), and the Florida Disc Golf Foundation, Inc., a
Florida not for profit corporation, its successors and assigns (hereinafter the"Foundation").
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WITNESSETH
WHEREAS, the County, Host and Foundation desire to attract visitors to Lake County who wish
to play and participate in disc golf and related activities and events, including matches and tournaments,
and to create an environment wherein residents and visitors alike may enjoy disc golf and related activities '
in conjunction with Lake County's natural resources; and
WHEREAS, in furtherance of this effort, the parties to this Agreement wish to coordinate and
mutually support the construction,maintenance,and promotion of course(s)designed for disc golf activities
throughout Lake County,which shall be called the"Lake County Disc Golf Trail"(hereinafter the"Trail");
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WHEREAS,the parties to this Agreement agree that each course of the Trail shall be designed and
constructed with the utmost attention to quality so as to create a world-class championship caliber facility
that will attract disc golf enthusiasts from all over the United States and the World; and
WHEREAS, the Host owns and/or operates certain facilities conducive to the incorporation of a
disc golf course(hereinafter the "Course")and the hosting of associated activities or events; and
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WHEREAS, the County desires to support the Host with construction, maintenance, and 11
promotion of the Course in furtherance of the County and Host's mutual interest in achieving the potential
benefits to Lake County residents and visitors presented by, the creation of the Course and promoting
associated activities/events in Lake County; and
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WHEREAS, the Foundation desires to provide services to the Host related to the design, Ili
construction, maintenance,and promotion of the Course. 11
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NOW,THEREFORE,IN CONSIDERATION of the mutual terms, understandings, conditions, �.
promises, and payment hereinafter set forth, and intending to be legally bound,the parties hereby agree as
follows:
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Anceneni besw'ma Lente County.Ckrmom.and the Florida Disc Coif Foundation for Construction,Maintenance and Promotion or Dix Golf Counts. I'
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1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.
2. County Obligations. The County shall provide the following in support of the Course:
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A. The County shall contribute funding in an amount not to exceed Twenty Thousand Dollars 1
($20,000.00) (hereinafter"Funding Contribution") toward the design and construction of
the Course subject to the terms and conditions set forth herein. I•,
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B. The Host shall submit all invoices for expenditures incurred related to the Course's design
and construction to the County along with written confirmation by the Host that the related i
deliverable has been accepted. Within thirty(30)days of County's approval of the invoices
described herein,the County shall remit payment to the Host for expenditures incurred. In
no event shall the County pay a total amount greater than Twenty Thousand Dollars I,
($20,000.00)for expenditures related to the design and construction of the Course.
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C. Upon completion of the Course,the County shall contribute fifty percent(50%)of the costs
of maintenance and/or repair to Course equipment. In no event shall the County be required
to pay a total amount greater than One Thousand Dollars ($1,000.00)per year toward the
maintenance and/or repair of the Course equipment. j
D. Upon completion of the Course, the County shall contribute funding on a quarterly basis
to the Foundation for inspections of the Course and Course equipment. The County shall
contribute Fifty Dollars($50.00)per inspection with a maximum contribution of no greater I I
than Two Hundred Dollars($200.00) per year.
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E. Within thirty(30) days of its approval of the invoices described under paragraphs 4E and
4F, the County shall remit payment to the Foundation for expenditures incurred as
described in said invoices.
F. The County shall design the official Master Trail branding and marketing designs,
including the official"Trail Member"logo to be displayed in all Course specific marketing. 11
The Host shall have final approval on branding and marketing designs for the Host's
course.
G. The County shall participate in the promotion of the Course to attract visitors to the Course
and hold events at the Course.
H. The County shall design the tee box signage master template as well the welcome kiosk l'
signage for the Course:
3. Host Obligations. The Host shall provide the following in support of the Course:
A. The Host shall own and provide property that is conducive for the Course. 1
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- B. The Host shall engage the services of the Foundation for the design and construction of a
championship quality eighteen (18) hole disc golf Course in accordance with the quality
and standards set forth in Attachment A, attached hereto and incorporated herein, and
consistent with the Host's procurement policies and procedures.
C. The Host shall directly supervise and oversee the Foundation's design and construction of
the Course.
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ID000MEN R01TECONOMIC DE VELOPMENMIx GolPtlermml\Disc Golf Agreemen1 235.17..docx
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Apnement between Lake County.Cknoont.and 11m Florida Disc Colt Foundation for Construction.Maintenance and Promotion of Dix ColfCounn. I;
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D. The Host shall be responsible for all expenses related to the design and construction of the I.
Course in excess of the Twenty Thousand Dollars($20,000.00)pledged from the County.
E. The Host may contribute in-kind services or assist the Foundation by.other means to lower
the overall cost of the Course as long as the Course design, construction and quality meet
the standards set forth in Attachment A,attached. All assistance and in-kind services must
be pre-approved in writing by the Foundation.
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F. Within thirty(30)days of its receipt of the invoices described under paragraphs 4C and 4F
and approval of work completed as described in said invoices,the Host shall remit payment
to the Foundation for undisputed expenditures incurred as described in said invoices.
G. The Host shall submit invoices related to Course design and construction on a bi-weekly
basis to the County until such time as the County's Twenty Thousand Dollars($20,000.00)
contribution is exhausted. 1;
H. Upon completion of the construction of the Course, the Host shall coordinate with the
Foundation on a regular basis regarding the appropriate Course management strategy and
shall maintain the Course grounds in good operating condition according to the agreed
• upon strategy. The Host, except as provided above and in K below, shall be responsible i'
• for all expenses associated with said maintenance.
I. At any time before, during or after completion, the Host agrees to consult with the !
Foundation regarding any major pruning or removing of vegetation or trees near the course
prior to work.
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• J. Upon completion of the Course, in the event that the Host desires for hole(s)to be moved I'
for any reason, the Host agrees to make other suitable areas available for replacement
hole(s)and to provide reasonable funding to the Foundation for the design and construction
of the new hole(s).
K. Upon completion of the Course, the Host shall contribute fifty percent (50%) of the costs
of maintenance and/or repair to Course equipment. In no event shall the Host be required
to pay a total amount greater than One Thousand Dollars($1,000.00) per year toward the
maintenance and/or repair of Course equipment.
L. Upon completion of the Course, the Host shall submit a construction completion report to
the County documenting that the Course was completed to the quality and design
requirements set forth herein.
M. The Host shall signify that the Course is a part of the Trail in all Host originated Course I
branding, marketing and advertising by prominently displaying the "Trail Member" logo
as described under paragraph 2F, for the term of the Agreement.
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N. The Host shall allow for the Course to be included in all County or Foundation sponsored 11
Trail branding, marketing and advertising for the term of the Agreement.
O. The Host shall participate in the promotion of the Course to attract visitors and hold events
at the Course.
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. . Agmemeni bemeen Lake County.Clermont.and the Florida Disc CoIf Faunaelion for Construclian.Maintenance and Promotion or Diu Coll Counea. I I
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4. Foundation Obligations. The Foundation shall provide the following in support of the
• Course:
A. The Foundation shall design and construct the Course in accordance with the costs,quality I,
and standards set forth in Attachment A, attached, and in accordance with procurement
and construction procedures set forth by the Host and any related agreements,between the a
Foundation and the Host. The Foundation shall make every attempt to work with vendors,
suppliers and/or sponsors to identify design or construction cost savings as long as such I
cost savings do not compromise the quality and standards of the Course as set forth herein
B. The Foundation shall provide all labor and materials related to its obligations set forth li
herein.
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C: The Foundation shall submit invoices related to Course design and construction on a bi- I
weekly basis to the Host. - 1
D. . Upon completion of the Course, the Foundation shall conduct quarterly inspections of the I,
Course and Course equipment and provide regular feedback to the Host regarding
appropriate maintenance strategies. The Foundation shall maintain the Course's
equipment in good repair (to the extent allowed by the repair budget set forth herein),
ensuring that the Course's condition meets the standards set forth in Attachment A. I!
Course inspections must occur a minimum of once per quarter. In-the event the annual
equipment repair and maintenance costs exceed One Thousand Dollars ($1,000.00), the i.
• Foundation will consult with both the County and the Host to determine the appropriate
strategy and funding sources for the repairs and maintenance required. i'
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E. Upon completion of the Course, the Foundation shall submit an invoice related to the
inspection of the Course and Course equipment to the County on a quarterly basis.
F. Upon completion of the Course,and if needed,the Foundation shall submit invoices related :
to the maintenance and/or repair of Course equipment to the County and Host on a quarterly !I
basis.
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G. The Foundation shall promote the Course to potential event organizers, tournament hosts
or disc golf players to ensure the active usage of the Course. The Foundation shall recruit I',
a minimum of twelve (12) local and four(4) regional, statewide or national events to be
held at the Course per year,subject to scheduling as described in Section 6: i
H. The Foundation shall be responsible for obtaining all necessary special event permits for
events recruited, managed or operated by the Foundation.
I. The Foundation will be responsible for the design of hole maps, hole distances and other
information that will be placed within the master tee box signage templates at the Course.
J. The Foundation shall be responsible for submitting an annual activity.report highlighting.
the number of tournaments recruited, managed or operated by the Foundation in the given I
• year,as well as an estimate for the number of athletes who participated in those events.
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K. The Foundation shall recognize the County as an event sponsor with approved use of the
County's logo and appropriate wording on all promotional materials, programming,
registrations, and media. The County shall additionally be permitted to take promotional
videos and photographs to be used for County purposes. ,
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51DOCUMEM120171ECONOMIC DEVFLOPMENMisc GoIFlClcrmontlDisc Golf Agreemem 1.25.I7.docx I'
Agreement between Lake County.Clermont,and the Florida Dix Golf Foundation For Construction.Maintenance and Promotion of Disc Golf Courses.
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5. Sponsorships. This Agreement authorizes the utilization of sponsorships as either a It
complimentary financing mechanism for the construction or continued maintenance and promotion of the
Trail or as a general revenue source for either the County,Host or Foundation. All sponsors and sponsorship
categories must be approved by all parties. The following sponsorship opportunities shall be allowed;
however,additional sponsorship opportunities may be made available upon approval of all parties.
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A. Trail Title Sponsor. The Foundation will be responsible for procuring the Title Sponsor I
for the entire Trail and must utilize all Title Sponsor funds generated for the purposes of
construction, maintenance and/or promotion of the Trail. The Title Sponsor will be listed 1'
on all branding of the Trail.
B. Event Sponsor. Any party may solicit sponsorships for individual events.
6. Scheduling. The Host shall provide priority access of the Course to events either recruited,
managed or operated by the Foundation. The Foundation shall provide to the Host their schedule of events
a minimum of sixty (60) days in advance for local events and one hundred twenty (120) days in advance
for regional, statewide or national events, unless otherwise agreed to by the Host and the Foundation. All
events shall adhere to the Host's special event application process.
7. Effective Date. This Agreement shall become effective on the date the last party hereto
executes this Agreement(hereinafter"Execution Date").
8. Term. This Agreement shall be effective for five (5) years from the Execution Date I'
(hereinafter "Initial Term") and may not be terminated during the Initial Term unless agreed to in writing
by all the parties. -
9. Renewal. This Agreement shall automatically renew after the Initial Term for additional
five(5)year terms or until terminated as set forth herein. Any party may terminate this Agreement without
cause after the Initial Term upon six(6) months' written notice to all parties.
10. Use of the Course by County Residents. The parties understand and expressly agree that
the Course is to be utilized by all residents and visitors of Lake County. At no time shall the Host charge
a fee for daily usage of the Course. The Host shall be permitted to charge fees for special events per the
Host's standard special event fee schedule.
11. Grant Funding. In the event any of the Course is funded by grant monies, the County
shall not be liable for any non-compliance with the provisions of the grant. It is the Host's sole
responsibility to ensure successful completion of the Course and compliance with any grant requirements, 'i
as applicable. j,
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12. Sale or Sublease of the Course. The Host shall not sell the Course or sublet the Course
without the prior written approval of the County. In the event the Course property is sold or sublet, the
Host shall compensate the County in an amount agreed upon and determined by the parties at the time the
County approves such sale or sublease.
13. Future Projects. Nothing herein shall prohibit the parties from negotiating a different
allocation of responsibilities for, or contribution to, the development of other disc golf courses. The
maintenance and ownership of each future project, if any,will be negotiated on a project by project basis.
14. Modifications. Unless otherwise specified herein, no -modification, amendment, or
alteration of the terms or conditions contained herein shall be effective unless contained in a written
document executed by the parties hereto, with the same formality and of equal dignity herewith.
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Agreement between lake County,Clermont,and the Florida Disc Coll Foundation for Construction,Maintenance end Promotion or Dix Colf Courses.
15. Notices.
A. All notices, demands, or other writings required to be given or made or sent in this
Agreement, or which may be given of made or sent, by either party to the other, shall be
deemed to have been fully given or made or sent when in writing and addressed as follows:
COUNTY: HOST:
County Manager City of Clermont
Lake County Administration Building City Manager
P.O. Box 7800 685 West Montrose Street
Tavares,Florida 32778 Clermont,Florida 34711
WITH A COPY TO:
Economic Development Director
Lake County Administration Building
P.O.Box 7800
Tavares,Florida 32778
FOUNDATION:
Benjamin L.Champion,Director
Florida Disc Golf Foundation,Inc.
1502 North Donnelly Street,Suite 105
Mount Dora,Florida 32757
B. All notices required, or which may be given hereunder, shall be considered properly given
• if: (1) personally delivered, (2) sent by certified United States mail, return receipt
requested, or (3) sent by Federal Express or.other equivalent overnight letter delivery
company.
C. The effective date of such notices shall be the date personally delivered, or if sent by
certified mail, the date the notice was signed for, or if sent by overnight letter delivery
company,the date the notice was delivered by the overnight letter delivery company.
D. Parties may designate other parties or addresses to which notice shall be sent by notifying,
in writing, the other party in a manner designated,for the filing of notice hereunder.
16. Entire Agreement. This document embodies the entire Agreement between the parties.
It may not be modified or terminated except as provided herein.
' 17. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, it shall be considered deleted here from, and shall not invalidate the remaining
provisions.
18. Indemnity. The Foundation agrees for good and valuable consideration in the amount of
ten dollars ($10.00) to indemnify and hold harmless the County and the Host, and their officers and
employees, from liabilities,damages, losses, and costs, including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
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Foundation and other persons employed or utilized by the Foundation in the performance of this Agreement.
19. Independent Contractor. The parties agree that each shall be acting as an independent
contractor and shall not be considered or deemed to be an agent,employee,joint venturer,or partner of any
other party to this Agreement. No party shall have authority to contract for or bind any other party to this
S:\DOCUMEN :2017\ECONOMIC DEVELOPMENf\Disc GolnClermont\Dise Golf Agreement '1.25.17 dont
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Agreement between Lab County,Ckemont.and the Florida Disc Golf Foundation for Construction.Maintenance and Promotion of Disc Golf Courses.
Agreement in any manner and shall not represent itself as an agent of any other party or as otherwise
authorized to act for or on behalf of, any other party to this Agreement.
20. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be deemed to be an original but all of which shall constitute one and the same agreement. This
Agreement may be executed by electronic signatures and electronic signatures shall constitute originals for
all purposes.
21. Public Records. If the Foundation is found to be a contractor pursuant to Section
119.0701, Florida Statutes,the Foundation shall comply with the Florida Public Records' laws,and shall:
A. Keep and maintain public records required by the County or the Host to perform the
services identified herein.
B. Upon request from the County or the Host's custodian of public records, provide the
County or the Host with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided for by law.
C. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the Foundation does not transfer the
records to the County or the Host.
D. Upon completion of the contract, transfer, at no cost, to the County or Host all public
records in possession of the Foundation or keep and maintain public records required by the County
or Host to perform the service. If the Foundation transfers all public records to the County or Host
upon completion of the contract,the Foundation shall destroy any duplicate public records that are
exempt,or confidential and exempt,from public records disclosure requirements. If the Foundation
keeps and maintains public records upon completion of the contract, the Foundation shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the County or Host,upon request from the County or Host's custodian of public records,
in a format that is compatible with the information technology systems of the County or Host.
IF THE FOUNDATION HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE •
FOUNDATION'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, ADAM SUMNER, LAKE COUNTY, ECONOMIC
DEVELOPMENT, P.O. BOX 7800, TAVARES, FL 32778, OR AT 352-
742-3918, OR VIA EMAIL AT ASUMNER@LAKECOUNTYFL.GOV.
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Agreement between Lake County,Clermont,and the Florida Disc Cog Foundation far Construction.Maintenance and Promotion or Dire Golf Courses.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: Lake County, through its Board of County Commissioners,
signing by and through its Chairman, and by the City of Clermont, by its duly authorized representative,
and by the Florida Disc Golf Foundation, Inc.,by its duty authorized representative. I.
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. . FOUNDATION II;
• - Benjam' f. Champion, Director .
- .This 2-1•.e- day of prarausfr , 2017. j
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. HOST II
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ATTEST: CITY OF CLERMONT, FLORIDA I
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Tracy Ackroyd Howe,City Clerk • Gail L. Ash, Mayor
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This 9 day oft"1"Elsa St , 2017. I'
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Ttzaris, City a ttorney
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5\DOCI MENf\2O I]\ECONOMIC DF.VELOPMENT\Disc GolflClemmnl\Oise Golf Agreement 235.12 don
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Aememenl between lake County.Clermont,and the Florida Disc Golf Foundation for Construction.Maintenance and Promotion of Dix Golf Counts.
COUNTY
--�, LAKE COUNTY,through its �I
`-ATTEST:' 'vr BOARD OF COUNTY COMMISSIONERS
• ;Nei Kelly, ler of[he Timothy In,ivaChairman .
Board'of C unty _Conimi s
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=of Lake County, Florida This day of ,-2017.
:rApproved as to form and legality:
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Melanie Marsh I I
County Attorney
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55DOCUMENf2OI 7LCONOMIC DEVELOPMENTDisc GoinClemnnMisc Gol(Apeement 7.25.1].docx -
Agreement between Lake County.Ckrmom.and the Florida Dix Coll Foundation for Conslroaion.Maintenance and Promotion of Disr Golf Courses.
Attachment A
Florida Disc Goff Foundation,Inc
1502 N Donnelly St Ste 105 •
Mount Dora FL 32757
City of Clermont-Lake Hiawatha Preserve
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Estimate
Unit Sub
Description City Price Total
Course Design-Master Level Designer 18 $ 200 $ 3,600
Labor and Oversight by Master Level Designer 18 $ 200 $ 3,600
Fairways-Grooming 18 $ 389 $ 7,002
Targets-28 chain minimum PDGA championship $ 11,075
level baskets 19 in Color A,18 in Color 8
Freight $ 930
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Padlocks 37 $ 12 $ 444
5 Gallon plastic buckets 37 $ 5 $ 185
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Quick-crete 37 $ 5 $ 185
Signs
Tee Signs&Mounts 36 $ 54 $ 1,944
Map and Rules Signs 2 $ 240 $ 480
Directional Signs and Out of Bounds Signs $ 750
Print lab set up&Mounting holes $ 460
Sign Design $ 450
IGosk/bulletin board 1 $ B00 $ 800
Tee Pads-Concrete 36 25 cy $ 3,700
lumber,fasteners,delivery $ 1,500
grading 36 $ 25 $ 900 I
Benches(rustic) 9 $ 200 $ 1,800
Total: $ 39,805
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'Target pricing reflects bulk discounts and anticipated Trail title sponsorship agreement
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