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Minutes - 02.25.2020 - City Council MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 The City Council met in a regular meeting on Tuesday, February 25, 2020 in the Clermont City Council Chambers. Mayor Ash called the meeting to order at 6:35pm with the following Council Members present: Council Members Brishke, Travis, Bates, and Purvis. Other City officials present were City Manager Gray, City Attorney Mantzaris, and City Clerk Howe. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Pastor Chris Tabone of First United Methodist Church followed by the Pledge of Allegiance. PRESENTATIONS City Manager Gray presented retiring Deputy City Manager James Kinzler with a plaque in recognition of 25 years of service. He proceeded to give a brief history of Mr. Kinzler's tenure with the city. Mr. Kinzler thanked the City of Clermont, City Council and City Manager Gray. He stated that he has been blessed to grow with the city over the last 25 years and has seen the city change dramatically over the years. City Manager Gray introduced Ron Hart of the Lake County Water Authority (LCWA) to discuss the Algal Blooms in the area. He congratulated Mr. Hart on recently becoming the Executive Director of the agency. Mr. Hart thanked the City Council for inviting him to speak and spoke to the great relationship between Clermont and the LCWA. Mr. Hart presented using a PowerPoint presentation. He stated that not only are the blooms becoming more frequent, they are also becoming more intense. The lake is completely changed from what long-term residents will remember from their childhoods. He stated that nutrient loading is causing the issues. Mr. Hart continued that it is not safe for anyone to have contact with that water, nor to even come near the water when it reaches this condition. He stated that the Clermont chain is currently worse than Lake Apopka which is a complete difference in a historical comparison. After conducting tests, they have determined that the blue-green bacteria in the lake is dolichospemum and microcystin which are more buoyant species. These species are able to produce a number of toxins. He gave the scientific names for two (2) of the common toxins the bacteria produces. Both toxins will cause liver and nervous system damage. With the possible health risks, it's important that humans avoid contact with the water. Mr. Hart also strongly suggested that residents keep their pets away from the water. Going forward they will be working with a consultant to conduct testing to identify where the nutrients are entering the water system. Other Lake Minneola future projects include innovative algal treatment and future joint storm water projects. Mayor Ash asked how fast LCWA was moving to address the issue. Council Member Travis asked if Mr. Hart was recommending cancelling the triathlon that is scheduled for March 14. Mr. Hart responded that he does not recommend cancelling at this time, but each day is different. Right now the level of toxins are below the state threshold for prohibiting human contact. Council Member Travis stated that residents had been reporting rashes and hay fever after coming in contact with the water. Mr. Hart stated that those reactions could be related to the algal blooms, but stated that there is also a lot of pollen in the water right now, and residents could be reacting to that too. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 City Manager Gray stated that city staff has signage along the waterfront that warns the public to be aware. He continued that there are two (2) ways to get into the lake; the boat ramp and the beach area. The city has 2.5 miles on Lake Minneola, but a lot of the lake is in unincorporated Lake County and in the City of Minneola. He informed the Council that the whole purpose of Victory Pointe is to treat the storm water before it enters the lake. The city's storm water system is better than most cities because Clermont has worked with LCWA and has received grants. He concluded by saying there is still work to be done, but to keep in mind that Clermont does not have jurisdiction over Lake Minneola. City Manager Gray stated that staff will put additional signage when they see anything. Council Member Bates asked Mr. Hart if they get immediate results when testing water in the lake or if they have to send it to a lab. Mr. Hart stated they do send the results to a lab and it can take a week to get results back. Council Member Bates was concerned about lead time if they needed to cancel the triathlon. City Manager Gray responded that staff had already made contact with Fred Sommers who runs the event. PUBLIC COMMENTS Mayor Ash opened the floor for comments from the public for items not included on the agenda; seeing none, the floor was closed. REPORTS CITY MANAGER City Manager Gray reported Jerry Miller with Duke Energy passed away last week. He expressed sadness on behalf of the city and stated that Mr. Miller was a great partner and advocate for Clermont regarding anything related to Duke Energy or Florida Power. City Manager Gray informed the Council there will be a workshop held on March 17 at 6:30pm. City Manager Gray thanked those who attended the Groveland Four Memorial ceremony in Tavares. He thanked Council Members Bates and Purvis for attending on behalf of the city. It was a moving ceremony and the right thing to do. City Manager Gray made one change to the agenda. He asked that Consent Item No. 6 be taken up after Agenda Item No. 17 under New Business. CITY ATTORNEY City Attorney Mantzaris had no report. CITY COUNCIL Council Member Bates • No report Council Member Purvis • Stated that the Groveland Four Memorial event was a moving event held at Lake County. He stated that the four families of the victims were present, and he was moved by the statement that of the two to three generations present, not one member of any family had run afoul of the law in 70 years. • Stated that he thanks Mr. Kinzler for wheeled garbage containers. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 Council Member Brishke Stated that on Saturday, February 15th she attended the South Lake Black Achievers Gala which honored Clermont Police Chief Broadway. Stated that she attended a Thursday, February 20th meeting on homelessness. Lake County is proposing a county -wide homelessness mitigation plan to facilitate a community wide conversation on how to address homelessness. This topic will be discussed at the March workshop. Stated that she had attended the Chamber's 251 annual ambassador's breakfast. The theme was your favorite decade. The Clermont Police Department took the first place for table decorating with a 1980s theme. Council Member Travis • Congratulated Chief Broadway and all who were honored at the Gala. • Stated that she attended her first Lake Apopka Natural Gas (LANG) meeting. She announced that LANG is working with Carmax for bringing in gas lines. • Stated that she will be attending a conference for LANG in Chicago, IL. Mayor Ash Stated that on Saturday, February 15 she held coffee with the Mayor on Montrose Street. There was a group of twenty (20) residents which attended. Stated she also attended the Black Achievers Gala and congratulated Chief Broadway who was recognized for his outstanding achievements including instituting many programs to connect residents with the Police Department. Officer Colon also received accolades at the Gala. Stated that both have gone above and beyond to improve relations with the community. Stated she attended the South Lake Homeless Task Force meeting on February 20. She is encouraged that everyone is finally aware and that steps are being taken to address the issue. Right now the emphasis is on affordable workforce housing. CONSENT AGENDA Mayor Ash advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to come forward at this time. City Manager Gray clarified for the public that this section of the agenda addresses Item Numbers 1-13, excluding No. 6. Seeing no public come forward, Mayor Ash closed the floor and asked if City Staff or council members had objections to any items. Item No. 1— Meeting Minutes Item No. 2 — Surplus Request 3 Consider approval of January 28, 2020 City Council meeting minutes Consider declaring end of life inventory as surplus from Fire, City Manager, Environmental Services, and Public Works and dispose of in accordance with the Purchasing Policy. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 Item No. 3 — Cost Share Approval & Budget Request Consider Cost Share Pricing for the Artwalk Project Construction, a Public/Private Partnership with the Artwalk District LLC and budget amendment to the CRA fund in the amount of $340,000 Item No. 4 — Interlocal Agreement Item No. 5 — Piggyback Contract Item No. 6 — Event Request Consider agreement between the City of Clermont, City of Groveland, City of Minneola and Utilities Inc. of Florida for water resource alternatives. Consider request to piggyback the City of Casselberry contract with Granite Inliner, LLC. to provide sanitary sewer, manhole, and gravity mains lining in the estimated annual budgeted amount of $400,000. Consider allowing Easy Events Group Inc. to host "South Lake Fair Easter Celebration" two-day event at Waterfront Park on April 11 12. This item was removed from the consent agenda to be discussed under New Business after Item No. 17. Item No. 7 — Special Event Request Item No. 8 — Event & Open Container Request Item No. 9 — Event & Open Container Request Item No. 10 — Event & Road Closure Request Item No. 11 —Resolution No. 2020-08R 4 Consider granting 10 openair events with a temporary structure for 2020 at the Stormy Hill Harley-Davidson located at 2480 S. Highway 27. Consider allowing Central Florida Dreamplex to host "Illuminate for Inclusion" event at Victory Pointe with open container allowance. Consider allowing open containers in the requested area for the City of Clermont's 4th of July event at Waterfront Park. Consider request by F1oDash Events for the "Freedom 5K" in Downtown Clermont on July 4, 2020. Consider an agreement between the City of Clermont and Lake County Rowing Association, Inc., for the management of the Clermont Boat House. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 Item No.12 — Resolution No. 2020-09R Consider Consent Order and Temporary Use Agreement between the City and The Department of Environmental Protection and Board of Trustees of Internal Improvement Trust Fund of The State of Florida for the installation of a rowing course on Lake Minneola Item No.13 — Professional Consultant Services Contract Consider agreement with Kinz Consulting, LLC to provide general consulting services pertaining to Water, Wastewater, Reclaimed, Stormwater and Master Plan areas in the budgeted amount of $75,000. MOTION TO APPROVE the consent agenda items no. 1-5 and 7-13 made by Council Member Bates. Seconded by Council Member Brishke. Passed unanimously with all members present voicing aye. UNFINISHED BUSINESS The next three agenda items were discussed concurrently, but voted on separately. City Manager Gray informed the Council that Item Nos. 14,15, and 16 were related and would be presented together. Ordinance No. 2020-09, No. 2020-10 and Resolution No. 2020-01R were read into the record by City Clerk Howe by title only. Planning Manager Kruse presented the three items and informed the Council that though the items were being heard concurrently, they will be voted on separately. Mr. Kruse explained that the applicant is seeking a change to future land use to reflect the proposed use of professional services. He also informed the Council that the Planning & Zoning Board recommended approval (4-1) of Ordinance No. 2020-09. Mr. Kruse explained to the Council that the applicant was seeking a change from R2 Zoning to R3 Zoning in order to provide professional services. He informed them that this area of the city has transitioned from single-family residential to light commercial and professional services. The property to the south is currently zoned as R3. The Planning & Zoning Board recommended approval (4-1) of Ordinance No. 2020- 10. Mr. Kruse stated that the applicant is requesting a Conditional Use Permit for the site. Section 122.184 of the city code allows for professional office use within a R3 district with the granting of a conditional use permit. The building will be required to conform to all land development regulations including landscape buffers and onsite parking. The Planning & Zoning Board recommended approval (4-1) of Resolution No. 2020-01 R. Mr. Kruse informed the Council that staff is recommending the approval of all three (3) items and concluded the staff presentation. Mayor Ash asked if the applicant wished to address to the Council. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 Christopher Germana, Germana Engineering. 1120 West Minneloa Ave. — Applicant's Representative — Informed the Council that the planned use of the site was for an insurance business which would generate a low volume of traffic. As part of their planned site improvements they will remove the existing carport, fix broken concrete, and reduce the impervious coverage. Mayor Ash opened the floor for public comments on Items No. 14, 15, and 16. Seeing no public come forth, the floor was close. Mayor Ash asked if there were any questions from the Council. Council Member Purvis inquired as to the location of the trash dumpster. Mr. Germana stated that they are no proposing a dumpster for the site. City Manager Gray informed the Council that the proposed use does not require it. Item No.14 — Ordinance No. 2020-09 — FINAL (Bloxam Street Office FLU) AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA, ADOPTING THE SMALL- SCALE COMPREHENSIVE PLAN AMENDMENT FOR THE CITY OF CLERMONT, FLORIDA, PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, CHAPTER 163, PART H, FLORIDA STATUTES; SETTING FORTH THE AUTHORITY FOR ADOPTION OF THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; SETTING FORTH THE PURPOSE AND INTENT OF THE SMALL- SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING FOR THE ADOPTION OF THE SMALL-SCALE COMPREHENSIVE PLAN AMENDMENT; ESTABLISHING THE LEGAL STATUS OF THE SMALL SCALE COMPREHENSIVE PLAN AMENDMENT; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. MOTION TO APPROVE for adoption Ordinance No. 2020-09 made by Council Member Travis Seconded by Council Member Bates. Passed unanimously (5-0) on roll call vote with each member voicing aye. Item No.15 — Ordinance No. 2020-10 — FINAL (Bloxam Street Office Zoning) AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT REFERRED TO IN CHAPTER 122 OF ORDINANCE NO. 289-C, CODE OF ORDINANCES; REZONING THE REAL PROPERTIES DESCRIBED HEREIN AS SHOWN BELOW; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE, AND PUBLICATION. MOTION TO APPROVE for adoption Ordinance No. 2020-10 made by Council Member Bates Seconded by Council Member Purvis. Motion passed unanimously (5-0) on roll call vote with each member voicing aye. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 NEW BUSINESS Item No.16 — Resolution No. 2020-OIR (Bloxam Street Office CUP) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A PROFESSIONAL OFFICE USE IN THE R-3 RESIDENTIAL/PROFESSIONAL ZONING DISTRICT. MOTION TO APPROVE and adopt Resolution No. 2020-OIR made by Council Member Bates Seconded by Council Member Brishke. Motion passed unanimously (5-0) with all members present voicing aye. Item No.17 — Variance Request (Poston, 210 21d Street) Development Services Director Henschel presented the agenda item and gave a brief history of the site. He explained that the variance request is for a side street setback. The property and former structure in question was previously under code enforcement action and had involvements with the police department. The case moved its way through appropriate legal channels and the unsafe structure was ultimately removed. The property was sold in 2019, who is requesting the variance. The new owner is requesting to build a single- family home on the property. Director Henschel explained that the request is for an encroachment of 9ft into the 25ft setback requirement in this zoning district. Director Henschel concluded stating that staff believes the request meets the requirements of a variance requests and recommends approval by the City Council. Mayor Ash asked if the property owner was present and would like to address the Council. Alex Poston, 210 2' Street, Clermont. — Applicant — Mr. Poston stated that he and his wife are big supporters of the downtown and when the moved to Clermont, they knew they wanted to be near the historic downtown. At the time only one lot was available, and they bought it. Mr. Poston thanked Director Henschel for a thorough presentation. Mayor Ash opened the floor for comments from the public; seeing no public come forth, the floor was closed. Mayor Ash asked if the Council had any questions or comments. Council Member Travis stated she was excited to see a single-family home go into the location, and that the site was an eyesore for many years before the city demoed the structure. MOTION TO APPROVE the variance request an encroachment of 9ft into the 25 ft setback for a home to be located at 210 2' Street made by Council Member Bates Seconded by Council Member Travis. Motion passed unanimously with all members present voicing aye As requested by the City Manager, Consent Item No. 6 was heard at this time for further discussion. Consent Item No. 6 - Event Request City Manager Gray introduced the item to the City Council explaining that any event with more than 500 planned attendees has to have Council approval. Due to an event that happened the previous weekend that City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 had severe complications with the rules, he wanted to take this opportunity to discuss with the City Council. He asked Parks & Recreation Director Scott Davidoff to review the process for large events. Director Davidoff reviewed the special event process. The process requires a review by all departments with the applicant. The event before them for approval is being produced by Easy Events Group and will be a charity event. They have done numerous events throughout the state and country. The event is proposed for April 11-12 from noon to 1 Opm. Director Davidoff introduced Richard Garvie as the representative of Easy Event Group to further explain the event. Mr. Garvie explained the purpose of the event is to replace the "Pig on the Pond" event that was cancelled in order to help out the non-profit organizations that rely on the fundraising done at the event. Mr. Garvie stated that they would have preferred to not have the even on Easter Weekend, but after speaking with Parks & Recreation staff, there wasn't any other availability. He further explained that the Clermont Kiwanis Club would collect and distribute the funds to the local non-profit groups in need. Mr. Garvie stated that he wanted to address the point about following rules and regulations that was raised by the City Manager. He stated that his firm has a history of successful events and strong relationships with local police departments. He assured the Council that he will work with city staff to make sure the event goes off without a hitch. Director Davidoff stated the Police Department has recommended that five (5) officers be present for the event. City Manager Gray clarified that the event would have to hire the officer's off -duty. He informed the Council that unlike "Pig on the Pond" where the city is a big sponsor, this would be a private event which will have to pay the fees and comply with everything else that is required. City Manager Gray stated that the intent of Victory Pointe is to move events more to that area and away from Waterfront Park. He stated the current event under consideration is anticipating 2,500 people per day. Mr. Garvie informed the Council that the attendance figures they submitted are ambitious. Mayor Ash opened the floor for comments from the public. Bryan Strawser. 235 2' Street, Clermont. — Mr. Strawser informed the Council that he lives up the street from Waterfront Park, and is concerned about the traffic in the area on event days and into the evening hours. As a resident of the area with children, the traffic is very stressful. He does not want to discourage any events from the area though as that is why they bought so close to park. Mayor Ash stated that she agrees with Mr. Strawser and asked City Manager Gray if there is anything the City can do to address the parking issues, especially with the parking available at the boat ramp. City Manager Gray stated that the boat ramp parking is only available if the event pays for its use. He expressed apologies to Mr. Garvie on the timing as their event is getting the scrutiny for the other event's mistakes. City Manager Gray told the Council that for the other event the City purposely kept boat ramp area open and this other event overran the boat ramp area and they did not pay for it. City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 Mayor Ash asked if the City is giving the boat ramp parking area to events as an option. City Manager Gray stated that only upon request and approval of the City Council can an event use the boat ramp area for parking. The City gave over 40 parking citations at the boat ramp during that other event. The group that held that event will no longer be invited to return. Mr. Garvie informed the Council that to help with crowd control they have extended the hours of the event. This event will be targeted at schools and families and there will be no alcohol. Mayor Ash asked if there were any further comments from the public; seeing none the floor was closed and Mayor Ash opened the floor to the Council Members. Council Member Brishke asked if Mr. Garvie had done an event like this before. Mr. Garvie responded that this is a first year event to try to allow groups that lost funding from cancellation of "Pig on the Pond" to raise dollars. Council Member Brishke asked why they are having cleanup end at midnight on Easter. She felt that ending at that time was late for a Sunday. Mr. Garvie stated that they invest in a lot of trash cans to prevent littering on the event site, and they want to make sure that the entire site is walked and cleaned up prior to their departure. If the event is successful, he would like to make it an annual tradition, preferably around Thanksgiving. Council Member Travis asked why the City is still having events at Waterfront Park. The City needs to start using Victory Pointe. She would prefer that this group tone down their attendance expectations and bring the event to Victory Pointe. Mr. Garvie stated that he is open to scaling it back. He wants to make sure to minimize the disruption to locals, and they will not be using boat ramp for parking. Council Member Travis restated that she believes the City needs to start getting events to Victory Pointe as was planned to enhance downtown and utilize parking the City is paying for. Council Member Purvis stated the other event last weekend was a debacle. He is in favor of Mr. Garvie's event, and suggested the city donate two (2) additional police officers since their will replicate some of community service funds that were lost when "Pig on the Pond" was cancelled. Mayor Ash and Council Member Travis were opposed to the suggestion. City Manager Gray stated that the City has zone officers and so the police will be in that area as part of their regular duty. Council Member Purvis stated that if the zone officers are available that would satisfy his request. City Manager Gray recommended to the Council that this will be the last large scale event to be approved at Waterfront Park until the Council has a discussion regarding events. City Manager Gray agreed with the Council that events should be at Victory Pointe and that he and Director Davidoff will be coming to them with a proposal to expand Victory Pointe in the coming months. City Manager Gray stated that its time to implement the plan to move events away from Waterfront Park and to Victory Pointe, or to tell planners that the City does not have a venue to accommodate them. Mayor Ash asked the City Manager what was being voted on under this agenda item. City Manager Gray responded that it was for the event permit for Mr. Garvie for Waterfront Park. He apologized to the Council City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 and stated that Mr. Garvie's request brought up several other issues. Mayor Ash stated that it is not fair that the Council is hitting Mr. Garvie with the all the problems the City is having with events. Council Member Purvis agreed with the Mayor, but stated he still has issue with the 10:00 pm closing time. Council Member Bates agreed with Council Member Purvis. Council Member Brishke felt that the cap should be 6:00 pm closing time. She stated that "Pig on the Pond" ends Sundays at 6:00 pm. She also stated that she can deal with one (1) more event at Waterfront Park. Council Member Purvis stated that he would support 8:00 pm. Mr. Garvie informed the Council that he would prefer to not be restricted as this is a family event. He was concerned that if the time was more limited it would prevent him from flatting the bell curve of when attendance would peak. Mayor Ash asked staff if the city has any other events that go until 10:00 pm. Director Davidoff stated that the city does, but not typically on a Sunday; on Sunday's most events are over by 6:00 pm with cleanup going until 8:00 or 9:00 pm. MOTION TO APPROVE the event application with the condition that the Sunday event end at 6:00 PM made by Council Member Brishke. Motion dies for lack of a second. Mayor Ash stated that she believes that people will not be at the event on Easter evening. She feels the vendors will drive the closure with no customers being present. She agrees that it should be less than 10:00 pm., but feels that it should be 8:00pm. Mr. Garvie informed the Council that they had originally hoped for a Friday -Saturday event, but the Friday evening was already reserved by another group. Council Member Purvis asked if the applicant was willing to negotiate on the time on Sunday. Mr. Garvie stated that he would be ok with 8:00 pm if that was what the Council was requiring for an approval. MOTION TO APPROVE the event application with the condition that the closing time on Sunday be changed from 10:00 PM to 8:00 PM. Seconded by Council Member Bates Motion passed 3-2 with Council Members Brishke and Travis opposing, Item No.18 — Lien Reduction Request (650 Anderson Street) Development Services Director Henschel presented the lien reduction request and gave a brief history of the property. The property was acquired by Bank of New York Mellon for $106,000 in October 2019. As the new owner, the bank is now asking for a reduction in the lien in order to sell the property which is now in compliance of the Code Enforcement Violation as of January 7, 2020. The lien amount is totaled at $202,000. Mayor Ash asked the applicant to approach the podium. 10 City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 Unknown Name. Unknown Address. — Applicant's Representative — Stated that the owner is trying to sell the property, and believe they are due a reduction since they were not the owner of the property when the violations occurred. Mayor Ash opened the floor for comments from the public; seeing none, the floor was closed from further comment. Mayor Ash opened the floor for comments from the Council. Council Member Bates asked if there was a lien on the property when the property was sold to the Bank of New York Mellon. The applicant's representative responded yes. Attorney Mantzaris informed the Council that there was a lien on the property and at some point there was a foreclosure. The lien was never satisfied and remained, so the current owner acquired the property with the lien in place. Council Member Brishke stated that it sounds like someone did not do their job. Council Member Travis stated that this is a classic case of "buyer beware". Council Member Purvis stated that he finds it hard to believe that the bank was unaware of the lien at time of purchase. Council Member Brishke asked the applicant what they were asking of the council. The applicant stated that they are asking for a lien reduction of full $202,000. Mayor Ash stated that the applicant is not asking for a lien reduction, they are asking for a lien elimination. The Council consensus was that they would not eliminate the lien in full. Mayor Ash asked the applicant's representative how much they wanted off now knowing that it would not be eliminated in full. The applicant's representative responded that they are seeking something reasonable that would allow the current owner to sell the property. Council Member Purvis stated he believes the bank should have paid the lien to begin with before the property was bought. He then asked staff how much money the city has into the property. City Manager Gray stated that the amount is probably less than $5,000. Director Henschel agreed with that figure. The applicant's representative stated that $5,000 was a reasonable amount. Mayor Ash felt it was unreasonable to take a $202,000 lien down to $5,000 adding that the Council has not reduced liens that much before. Mayor Ash asked City Manager Gray the usual process to reduce a lien. City Manager Gray responded that there is no set formula. City Manager Gray clarified to the Council that the reason the $5,000 figure was given was it was asked how much the City had into the property for enforcement action. The figure is not a recommendation for reduction. Attorney Mantzaris asked the applicants representative what the asking price of the home was since she mentioned that there is a closing scheduled for the upcoming Friday. The applicant's representative stated the asking price was $165,000. Mayor Ash asked if the Council reduces the lien with the sale price remain the same. The applicant's representative stated the sale price will not be changed. 11 City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 Council Member Purvis stated that he feels that the City has been ignored and that is why it has risen to the level it has. He says the Council has stood their ground in the past with similar cases, and he believes this is another opportunity to do so. Attorney Mantzaris informed the Council that this property was abandoned and was part of an extended foreclosure proceeding. He stated this to explain to the Council how the amount had risen so high. Council Member Brishke stated that she was fine with reducing the amount to 10% or $20,200. Council Member Purvis stated he would like to see that figure doubled or even $50,000 considering the total amount involved. MOTION TO REDUCE the lien on 650 Anderson Street from $202 000 to $50 000 payable within thirty (30) days otherwise auto -reverts back to full amount made by Council Member Bates Seconded by Council Member Travis. Motion passed 4-1 with Mayor Ash opposing_ Item No.19 — Board Appointment (Fire Fighters Pension Board) City Manager Gray introduced the agenda item and informed the Council that they have had two (2) applications for a vacant position on the Fire Fighters Pension Board. Ms. Judy Proh has requested reappointment to the board after finishing a vacated term. The City Manager's Office was also contacted by Michelle Pines showing interest in appointment to the board. City Manager Gray continued that he was contacted by Ms. Pines and was informed that she would be unable to make it to the meeting, but supplied a letter that was read into record by City Manager Gray. Mayor Ash asked Ms. Judy Proli to approach the podium. Judy Proli. 1020 Everest Street, Clermont. — Applicant — Ms. Proli gave a brief background of her qualifications for the board appointment. She told the Council that she wishes to serve to honor her husband who was a fire chief in Miami, FL. Council Member Purvis asked how many terms Ms. Proli has served on the Pension Board. City Manager Gray stated he did not know the answer to the question. Ms. Proli stated that she has not served a full -term on the Pension Board and that she was appointed to complete a vacated seats term. City Manager Gray asked City Clerk Howe when Ms. Proli was appointed. City Clerk Howe stated Ms. Proli was appointed in the fall of 2018. Mayor Ash stated that both applicants seemed qualified for the position and that it is difficult to choose. Council Member Purvis asked how many seats were on the Pension Board. City Attorney Mantzaris replied there are a total of five (5) seats on the pension board. Council Member Purvis stated that he sat on the Charter Review Commission and supported term limits, so while he believes Ms. Proli is qualified, he feels he should favor Ms. Pines. Council Member Briske asked if this was an annual appointment. City Clerk Howe responded that the Pension Board seats are two (2) year terms with staggered appointments. 12 City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 MOTION TO REAPPOINT to the Fire Department Pension Board Ms Judy Proli for a two (2) year term made by Council Member Bates. Seconded by Council Member Travis Motion passed 4-1 with Council Member Purvis opposing, Item No. 20 — Ordinance No. 2020-18 —INTRODUCTION (MSTU) AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTED PURSUANT TO SECTION 125.010)(q), FLORIDA STATUTES (1999), CONSENTING TO THE INCLUSION OF THE CITY OF CLERMONT, FLORIDA, WITHIN THE COUNTY -WIDE MUNICIPAL SERVICE TAXING UNIT FOR THE PROVISION OF AMBULANCE AND EMERGENCY MEDICAL SERVICES, AS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; PROVIDING FOR THE CITY TO BE INCLUDED WITHIN SAID MUNICIPAL SERVICE TAXING UNIT FOR A SPECIFIED TERM OF YEARS; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE AND PUBLICATION. City Clerk Howe read the ordinance into the record by title only. MOTION TO INTRODUCE for further consideration Ordinance No 2020-18 establishinga Municipal Service Taxing Unit made by Council Member Bates. Seconded by Council Member Purvis. Passed unanimously with all members present voicing aye. 13 City of Clermont MINUTES REGULAR COUNCIL MEETING February 25, 2020 ADJOURN: With no further comments, this meeting adjourned at 8:45pm. Tracy Ackroyd Howe, City Clerk 14 APPROVED: Gail L. Ash, Mayor #2020-07-A MANAGEMENT AGREEMENT between CITY OF CLERMONT M LAKE COUNTY ROWING ASSOCIATION, INC. a non-profit corporation This MANAGEMENT AGREEMENT (this "Agreement") is entered into on this February D,,,c, 2020 and shall be effective on the date of issuance of the Certificate of Occupancy of the Boathouse described herein (the "Effective Date'), by and between the Lake County Rowing Association, Inc., a Florida not for profit corporation ("Manager"), and the City of Clermont ("City') a political subdivision of the State of Florida. RECITALS WHEREAS, the City owns the Downtown Clermont Waterfront (the "Boathouse") in South Lake County to host national, regional, and local rowing events, team training and to bring in clubs, college teams, and high school teams to Lake County with the assistance of Manager (the "Program"); and WHEREAS, the City desires to lease the Boathouse to Lake County Rowing Association to use the interior of the Boathouse for its club membership and activities. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. RECITALS. The above Recitals are true and correct and form a part of this Agreement. 2. TERM. The term of this Agreement ("Term") shall commence on the Effective Date and continue for five (5) years. Thereafter this Agreement may be extended for an additional five (5) years as may be mutually agreed to by the Parties in writing. At least twelve (12) but no more than eighteen (18) months prior to the expiration of this Agreement, the parties will meet to discuss an extension to this Agreement and/or processes related to transition of control to the City or Manager's successor. 3. MANAGER FEE. In consideration of the rights granted therein and in addition to all other duties and all other obligations contained herein of Manager, Manager shall pay to City the sum of FIVE HUNDRED ($500) jj� Initials: A. Lake County Rowing Association - Clermont Boathouse Management Agreement Page i of 11 DOLLARS per month for each month or portion thereof commencing on February 26, 2020 and continuing on the first day of each month thereafter through the Initial Term of this Agreement. 4. BOATHOUSE FACILITY. (a) Chances to the Boathouse. Manager shall not make any modifications, changes or alterations to the Boathouse without City's prior written consent after providing to City any and all applicable plans or any other documentation reasonably required by City. Maintenance at Manager's expense, of the existing appearance of the Boathouse and/or repair or replacement of existing facilities or equipment at Manager's expense, shall not be a change requiring prior approval of City. (b) Ownership of the Boathouse. Manager acknowledges that the City is the owner of the Boathouse. Any additions of permanent fixtures to the Boathouse by Manager shall require City's prior written consent and shall remain the property of City upon termination of this Agreement. 5. RIGHT AND DUTIES OF MANAGER. (a) Manacement of the Boathouse Premises. Manager agrees to be responsible for managing, directing, operating and coordinating the daily activities on the Boathouse Premises, as described below, to include, organizing, scheduling and advertising, national, regional and local rowing regattas and events utilizing the Boathouse Premises. Any named events solely established by, exclusively owned by, or bearing the name of Manager at the termination of this Agreement shall be and remain that of Manager, as applicable; this right of ownership shall survive termination of this Agreement. Manager shall not use the name, image or likeness of the City of Clermont or "Choice of Champions" without the express prior written approval of City. Notwithstanding anything herein to the contrary, the parties recognize the benefit of co -branding and the use of the name "Choice of Champions" (or other similar reference to "Champions" or "Choice"), if permitted by the City at the time of organization of the event, shall not otherwise convert or transfer the ownership of the event from Manager to the City if the other conditions set forth in this paragraph are met. Additionally, any the right to use the name "Choice of Champions" (or other similar reference to Champions" or "Choice "granted by City, at any time and for any event, shall be revocable at any time by City and shall not otherwise convert or transfer any ownership rights, license or interest in the name to Manager. Furthermore, Manager shall not have the right to assign or authorize any other person, company or entity to use the name, without the express prior written approval of the City. (b) Use of Boathouse. During the Term of this Agreement, Manager shall have the exclusive right to possession and management of all interior areas of the Boathouse, as more particularly described in Exhibit `B" attached hereto and incorporated herein and referred to as the `Boathouse Premises", subject only to the City's right to use the outside surrounding areas and its right to enter for maintenance, repair, and inspection as further set forth herein. Manager's exclusive rights hereunder shall only apply to the interior of the Boathouse any use of the exterior surrounding areas shall be subject to the prior approval of the City, including but not limited to any accessory structures. It is expressly understood that the Manager does not have exclusive use of any docks or mooring facilities located on the lake adjacent to or near the Boathouse Premises. Any such docks or mooring facilities shall be open to the public as maybe determined by the City Manager, or his or her designee, in collaboration with Manager to ensure continuity of scheduling of events and activities at the Boathouse Premises and the safety of the individuals and clubs who utilize the Boathouse and its surrounding areas. For the purposes of Manager's members, visiting teams, and storage of equipment, the Boathouse Premises shall be subject to Manager's exclusive control, Initials: _,�1N I /, Lake County Rowing Association - Clermont Boathouse RV1RT� !� Management Agreement Page 2 of 11 provided however, City shall have at all times during the Term(s) of this agreement the right of entry upon the Boathouse Premises for inspection and examination and for the purpose of making any alterations or repairs to the Boathouse Premises that the City may deem necessary for the safety or preservation of the Boathouse Premises. Manager agrees to maintain the Boathouse Premises and paved areas surrounding the Boathouse that were created in association with construction of the Boathouse and shall establish and adopt written rules and restrictions regarding the use of these areas (said Hiles and restrictions shall be approved by the City Manager of City). Unless otherwise agreed to in writing by the parties, Manager shall provide, at its expense, all equipment used at the Boathouse, such as but not limited to: office furniture, computers, supplies, copiers, printers, laminator, tables, chairs, tents, telephones, wireless set up, safe, garbage receptacles, water coolers, tables and chairs, bleachers, benches, umbrellas, barricades, exercise equipment, boat trees, any and all communication book ups, and fixtures. Manager shall not sublet the Boathouse Premises or otherwise assign any right hereunder without express written consent of the City. (c) Use of Other Facilities. Manager acknowledges that the Boathouse Premises are located on the City's property and on the property of City of Clermont Waterfront Park in Clermont, Florida and that this Agreement does not include access to any other facilities owned or controlled by the City except for the fenced area on or around the Boathouse Premises, which is designated for boat storage and activities hosted or supported by City and Manager at Waterfront Park, If Manager desires to use these other facilities, Manager shall make separate arrangements, subject to availability, with the City regarding use of any of its facilities or services and the costs thereof; however, guests or employees of Manager shall not be charged fees for use of City facilities that are greater than the fees charged to the general community. (d) Use of Rowing Course. (i) Manager shall notify the Parks and Recreation Director in writing a minimum of forty-five (45) days prior to any requested use of the rowing course. (ii) Manager shall not install the rowing course sooner than fourteen (14) days prior to any approved event date and shall remove the course, except anchors, no later than fourteen (14) days after the approved event. (iii) Manager shall notify the Parks and Recreation Director in writing within twenty- four (24) hours of the course being removed. (e) Personnel. Manager shall provide sufficient personnel to perform the duties assigned to Manager in this Agreement. All such personnel shall be employed by, contracted with, and otherwise paid by Manager. Manager shall ensure all staff members have training and educational backgrounds proper to their duties and that all staff members meet security and criminal and background clearances. Cityreserves the right at any time, but not the obligation, to direct the type and level of security and criminal background screening to be completed by Manager. Manager shall not be an agent of the City or the County and shall have no authority to bind personnel to employment relationships with any of the aforementioned entities. (f) Receipts and Operating Costs. Manager shall be entitled to receive all cash receipts, charge and debit sales, and other revenues received in connection with the Boathouse activities, events, concessions and sponsorships. For clarity, Manager has all rights to income generated through the Boathouse, including but not limited to regattas, tournaments, events, rents collected from renting out the Boathouse for events, sponsorships, marketing agreements, vendors, concessions, hotel rebates, theme park ticket sales from participants and spectators, financial assistance, and merchandise sales. Manager shall pay for all operating costs, including office equipment and supplies, employment benefits, payroll taxes, Initials: IIY 11 Lake County Rowing Association - Clermont Boathouse IV��pjl Management Agreement Page 3 of 11 utilities, repairs and maintenance of the interior of the physical facilities, and contract services from third party vendors. Manager shall also be responsible for any taxes on the Boathouse operations. Manager shall be entitled to retain all net operating revenues and shall be responsible for all net operating losses of the Boathouse. (g) Financial Statements. Annually on January I` and July V, Manager shall provide to City, in a format acceptable to City, a financial statement showing all revenue and expenses associated with or derived by Manager from any regatta, event, or activity that occurred on the Boathouse Premises during the reporting period. Notwithstanding the foregoing, the parties recognize that the Manager will act as both a manager of the Boathouse and hosting, organizing and maintaining, independent of the City a rowing club at the Boathouse in addition to making the Boathouse and Boathouse Premises available for third party use to promote economic development. Therefore, the City recognizes that Manager may not have access to the financial records of these third parties and agrees that, unless otherwise required by law or by the terms of this Agreement, the third party entity will have to disclose private financial information to the City. The intent of the financial statement is to make available to the City all revenues and expenses associated with the management of the Boathouse premises and the financial statement shall reflect these revenues and expenses. Tax filings will be provided to the City upon request; in addition, if the City Manager requests to view or inspect Manager's financials at any time, Manager agrees to make its financials available for inspection within a reasonable time of City's request. Except as provided for herein, Manager shall be solely responsible for its operating budget and shall be under no obligation to disclose its budget, revenues, costs, or operating expenses to the City or any other person or entity except as required by Florida law, as may be required by City to obtain any permit related to activities related to the Boathouse, to comply with any requirements of any County, State or Federal agency or as necessary to demonstrate compliance with the Program. (i) Manager shall provide to the City, in a format acceptable to City, a complete breakdown by activity of all revenue generated specific to the use of the rowing course. This shall be provided to the Parks and Recreation Director annually on the following dates; March 15, June 15, September 15 and December 15. (h) Contractual Authority. Manager shall have authority to enter into contracts with groups, individuals, organizations, and schools for events to be held on the Boathouse Premises; however, Manager shall not have authority to bind the City to any such contracts. No such contracts shall extend beyond the Term of this Agreement without the City's prior written approval. (i) Specific Duties. Without limiting the Manager's duties under this Agreement and with the exception of all items identified as the City's responsibilities under this Agreement, Manager shall perform the following specific duties related to management of the Boathouse: (i) Negotiate all user agreements and process all invoicing for groups, teams, individuals and camps. (ii) Review and pay all bills for services and products related to Boathouse events. (iii) Provide orientation of the Boathouse with all individuals and groups reasonably requesting same. (iv) Ensure that groups, teams, individuals and camp participants execute and deliver to Manager a waiver document in a form approved by City, waiving, and releasing City from, any and all Initials: Lake County Rowing Association -Clermont Boathouse �r Management Agreement Page 4 of I 1 claims that the group, learn, individual or participant may have against the City resulting directly or indirectly from any activity of any kind at or associated with the Boathouse. All such waivers shall be maintained by Manager for a period of at Ieast five (5) years from the date of any event or activity and shall be provided to City by Manager upon City's request. (v) Maintain and repair equipment and keep inventory of equipment. (vi) Purchase equipment, as needed, to replace equipment that is broken or is no longer safe or serviceable. All equipment purchased by Lake County Rowing Association shall be and remain that of Lake County Rowing Association at the termination of this Agreement. (vii) Maintain the interior of the physical facilities and buildings, and other areas comprising the Boathouse Premises in an attractive and safe condition. (viii) Open the Boathouse Premises for scheduled events and activities and lock and/or secure equipment and fencing around the Boathouse Premises when events and activities are done or at the end ofthe day. (ix) Ensure officials are provided, when necessary. (x) Apply for all sanctions when necessary or desired for events at the Boathouse. (xi) Provide set-up and tear -down, as required, for events at Boathouse. (xii) Provide hospitality service to visiting groups in the form of assistance in obtaining housing, transportation, and amusement tickets, if appropriate for the event. (xiii) Not to :..stall or display any signs, banners, flyers, flags or similar items without the prior written approval of City. , (xiv) Conduct, and ensure that all entities conducting, activities at the Boathouse or related thereto are conducted in strict compliance with all applicable federal, State and local laws. 0) Management Reports. (i) During the Term(s) of this Agreement, the Manager shall provide the City a report of all activities taking place at the Boathouse during the previous quarter and the economic impact of those activities, if known or measured (the "Report'). The Report shall be provided to City within thirty (30) days of the end of the applicable quarter. The Parks and Recreation Director will meet with the authorized agent of Manager within thirty (30) days of each Quarterly Report to discuss the items addressed in the Quarterly Report and to give Manager feedback and comments to ensure the Manager is performing to the City's satisfaction. 6. DUTIES OF THE CITY. (a) Copies of Contracts. Upon Manager's request, provide complete copies of all contracts and agreements arising out of and/or related to the Boathouse for Manager's review and records. Lake County Rowing Association -Clermont Boathouse Initials: _/9 Management Agreement Page 5 of I I (b) Maintenance. The City agrees to maintain the unpaved grounds around the Boathouse as it would for the rest of Waterfront Park and to provide for landscaping, in City's sole discretion, that would benefit both the Waterfront Park's scenic beauty and that of the Boathouse. (c) Delegation of Day -to -Day Management of the Boathouse Premises. Except as otherwise provided herein, the City agrees to delegate decisions regarding event authorization, day to day management, directing and operations, marketing authorization and promotional planning. (d) Maintenance of Restrooms. The City shall be responsible for maintenance of the restrooms; and ensuring that the restroorns are open and available to the public as determined by the City. Notwithstanding the foregoing, Manager shall have a key to the restrooms and access to same at all times, provided however, that Manager shall have no authority to restrict public access at any time to the restrooms. (e) Maintenance of Structural Items. The City shall be responsible for maintenance of structural issues arising out of or related to the Boathouse (including, but not limited to, HVAC, plumbing, structural integrity, and roof.). (f) Utilities. The City, at its expense, shall provide to the Boathouse Premises telephone, water, sewer, and electric utility service. All other services shall be the responsibility of the Manager. INSURANCE. (a) City as Insured. The Manager further covenants and agrees to provide and maintain, at all times during the terra of this Agreement policies of insurance insuring the Manager 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, occupation, management and control of the Boathouse Premises and the improvements thereon by Manager. Such policies of insurance shall insure the Landlord and the Tenant 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 Manager, as aforesaid. The City shall he listed on said policies as additional insured. Nothing herein shall be construed as a waiver, either in whole or in part of the City's sovereign immunity as provided by Section 768.28, Florida Statutes, or its successor. (b) Boathouse Structures. Manager shall also provide and maintain at all times during the term of this Agreement and any renewal hereof, policies of insurance, insuring all structures on the Boathouse Premises for at least 100% of their value against fire and casualty. The City shall be listed on said policies as additional insured, (c) Copies to be Provided. Copies of the aforementioned policies of insurance and original certificates of the issuance thereof, shall be delivered to the City as evidence of the compliance by the Manager 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 better, or as otherwise approved by City. Should the Manager fail to maintain such insurance in force, 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 Initials: If Lake County Rowing Association -Clermont Boathouse Management Agreement Page 6 of 11 the Manager and all such payments shall be immediately due and payable to City, upon written demand therefore. (d) Loss of Insurance. 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, the Manager shall, as soon as the Manager 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 meeting the requirements of this Agreement. Until such time as the City has replaced the unacceptable insurer with an insurer acceptable to City, the Manager shall be deemed in default of this Agreement. 8. BREACH. In the event of a breach of (i.e., failure of a party to comply with) any obligation or covenant under this Agreement, the non -breaching party may give the breaching party written notice of the specifics of the breach, and the breaching party shall have ninety (90) days (the "Cure Period') in which to cure the breach if such breach is capable of cure. If it is commercially impractical to cure the alleged breach within the Cure Period, the breaching party shall have such commercially reasonable time as may be necessary to cure the breach. If the breach is not cured within said Cure Period, the non -breaching party shall be entitled to pursue any remedies it may have by reason of the breach. A waiver of any breach of this Agreement shall not constitute a waiver of any future breaches of this Agreement, whether of a similar or dissimilar nature. 9. This Agreement may be terminated prior to the expiration of the Term only as follows, and any such termination shall not affect any rights or obligations arising prior to the effective date of termination: (a) Breach. In the event of a material breach of this Agreement which is not cured within the Cure Period set forth in Section 8 above (a "Breach") or in the event of a breach as to which no Cure Period is provided by this Agreement, the non -breaching party may terminate this Agreement upon no less than ninety (90) days' written notice. This remedy shall be in addition to any other remedy available at law or in equity. Failure to terminate this Agreement shall not waive any breach of this Agreement. (b) Convenience. Either party may, upon ninety (90) days written notice to the other party, terminate this Agreement for any reason whatsoever and without consequence or obligation of any kind. (c) Casualty. Manager shall restore any damages to the Boathouse to the extent that insurance proceeds are sufficient for restoration. In the event that the physical plant housing the Boathouse is destroyed or is so damaged such that it is reasonably anticipated that insurance proceeds will be insufficient for Manager to repair or reconstruct the damaged facilities with a view toward resuming full operation, then either The City or the Manager may terminate this Agreement upon no less than sixty (60) days' notice and such insurance proceeds shall be paid to the Manager proportionately to the extent of theirrespective losses (d) Insolvency. Either party may terminate this Agreement upon sixty (60) days' notice in the event the other party becomes insolvent or fails to pay, or admits in writing its inability to pay, its debts as they mature; or a trustee, receiver or other custodian is appointed for the other party for all or a substantial part of the other parry's property and is not discharged within sixty (60) days; or any bankruptcy reorganization, debt, arrangement, or other proceeding under any bankruptcy or insolvency law or any Initials: _ Lake County Rowing Association - Clermont Boathouse Management Agreement Page 7 of l 1 dissolution or liquidation proceeding is instituted by or against the other party and if instituted against the other party is consented to or acquiesced in by that party or remains for sixty (60) days undismissed; or any warrant or attachment is issued against any substantial portion of the property of the other party which is not released within sixty (60) days of service. Ill. EFFECTS OF TERMINATION. In the event of the termination or expiration of this Agreement for any reason, Manager shall immediately relinquish the Boathouse Premises to the City and deliver up to the City, all of the Boathouse Premises in as good condition and repair as upon delivery of possession to the Manager, ordinary wear and tear and damage by fire or other casualty only excepted. The termination of this Agreement for any reason, other than Breach by Manager, shall be without prejudice to any payments or obligations which may have accrued or become due hereunder prior to the date of termination or which may become due after such termination. Manager shall accomplish a smooth transfer of operations and events back to the City, by providing to the City copies of all documentation, contracts, and other arrangements, including transfer of all advance financial deposits, regarding events, programs, or activities scheduled or under negotiation to occur after termination of this Agreement and the parties shall inform others that the events have been so transferred. Notwithstanding anything herein to the contrary and except as to termination for Breach by Manager, in the event Manager has already scheduled, promoted, advertised, or otherwise committed to any events, programs, or activities at the Boathouse Premises and said events, programs, or activities will occur after the effective date of Termination, the City agrees that Manager shall be permitted to conduct those events on the same terms and conditions as otherwise set forth in this Agreement at no additional expense from the Manager to the City except those already in place at the effective date of Termination. 11. INDEMNIFICATION AND HOLD HARMLESS. The provisions of this Section 11 shall survive the termination or expiration of this Agreement. (a) Indemnification. Each party (an "Indemnitor") agrees to indemnify and hold harmless the other party, its shareholders, directors, officers, and employees ("an Indemnified Party") from and against any and all losses, claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses related to the defense of any claims), which may be asserted against an Indemnified Party or for which they may now or hereafter become subject arising in connection with the activity of the Indemnitor (`Claim"), including but not limited to: (i) alleged or actual failure by the Indemnitor to perform any of its duties hereunder, including by negligence or willful or wanton misconduct and (ii) any violation of any requirements applicable to the Indemnitor under any federal, state or local environmental/hazardous waste or similar law or regulation; except only to the extent that such Claims may have been caused, in part, by the negligence or willful or wanton misconduct of the Indemnified Party seeking indemnification pursuant to this Agreement. No party shall recover any amount in excess of actual damages incurred. Nothing herein shall be construed, interpreted or act as a waiver of any sovereign immunity that City may enjoy as a matter of law. (b) Notice of Claim. In the event that any claim is made which may result in the right of indemnity hereunder, the Indemnifying Party against whom the claim is made shall promptly give notice to the Indenrnitor and give the Indemnitor the opportunity to defend the claim with counsel reasonably satisfactory to the Indemnified Party, and the Indemnitor shall pay all costs of such defense (including reasonable attorney fees), whether or not the claim is successful). Each Indemnitor agrees that no settlement of any Claim involving its Indemnified Party will be made without the consent of such Indemnified party. Likewise, each Indemnified Party agrees that it will not settle any Claim without the consent of its Lake County Rowing Association -Clermont Boathouse Initials: 4/ Management Agreement Page 8 of 11 Indemnitor. The Indemnitor will furnish to the Indemnified Parry copies of all pleadings in any action hereunder, permit the Indemnified Party to be an observer therein, and apprise the Indemnified Party of all developments therein, all at the Indemnitor's expense. (c) Non -Payment of Claims. In the event an Indemnitor fails to pay, timely and fully, any amounts due relative to any Claims, its Indemnified Party may pay such Claim to a third party. In such event, such Indemnified Party may recover from its Indemnitor in addition to the amount so paid, interest on the amount claimed at the lesser of 12% per annum or such maximum amount of interest as is permitted by law and also recover the costs of such Indemnified Parry's reasonable attorneys' fees in connection with the enforcement of this Agreement. 12. NOTICES. All notices permitted or required by this Agreement shall be deemed given when in writing and delivered personally or deposited in the United States Mail, postage prepaid, return receipt requested, or by overnight courier with confirmation of delivery, addressed to the other party at the address set forth below or such other address as the party may designate in writing by similar notice: To Manager: LAKE COUNTY ROWING ASSOCIATION, Inc. AM: President Mike Furukawa P O Box 120173 Clermont, FL 34712 With a copy to: Alison Strange, Esquire Bret Jones, P.A. 700 Almond Street Clermont, Florida 34711 To the Citv: City of Clermont Attn: City Manager 685 West Montrose Street Clermont, Florida 34711 With a copy to: Daniel Mantzaris, Esq. de Beaubien, Knight, Simmons, Mantzaris & Neal, LLP PO Box 87 Orlando, Florida 32802 13. ASSIGNMENT. [oitials:\I\j// Lake County Rowing Association -Clermont Boathouse Management Agreement Page 9 of I I Neither party shall assign this Agreement, including by any merger or consolidation with another legal entity, except with the prior written consent of the other party. Any approved assignment of this Agreement shall be binding upon and shall inure to the benefit of the parties' successors and assigns. 14. NO AGENCY OR PARTNERSHIP. Manager is an independent contractor under this Agreement. The City, the County, and Manager are not partners, joint venturers, or principal or agent of the other. 15. COMPLIANCE WITH LAW. Manager shall perform the services described in this Agreement in accordance with applicable statutes, rules and regulations required by Federal and Florida law, as may be from time to time be in effect or applicable to Manager. MISCELLANEOUS. (a) Headings. Section headings are, for convenience of reference only and shall not be used to construe the meaning of any provision of this Agreement. (b) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, and all of which shall together constitute one agreement. (c) Severance. Should any part of this Agreement be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining portions. (d) Authority. Each individual signing this Agreement warrants that such execution has been duly authorized by the party for which he or she is signing, and this Agreement constitutes the valid and enforceable obligation of each party in accordance with its terms. (e) Law. This Agreement shall be construed in accordance with the laws of the State of Florida and venue for any action based on this Agreement shall be in Lake County, Florida. (f) Public Records. Manager expressly understands records associated with this project may be public records and agrees to comply with Florida's Public Records law, to include, to: (i) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the services contemplated herein. (ii) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (iii Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (iv) Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Manager upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public Initials: Lake County Rowing Association -Clermont Boathouse Management Agreement Page 10 of i t records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. (v) IF MANAGER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7330. (g) Amendment. This Agreement may not be modified except in writing executed by the party to be charged. (h) Entire Agreement. This Agreement and the Program constitute the entire agreement of the parties hereto and supersedes all prior agreements and representations with respect to the subject matter hereof. A Sponsorship Agreement between Manager and The City, dated the same date as this Agreement, deals with other matters. IN WITNESS WIIEREOF, this Agreement is executed and shall be binding on the parties only after all parties have signed below and shall be effective as of the Effective Date. THE CITY OF CLERMONT 1-AA' Z' 4�w/ Mayor Gail Ash February� ��2020 WITNESSES: Print Name: La 14oW Print Name: L COUNTY ROWING AS 7ON, INC. F awa President Februaryy,2020 Print Name: Lake County Rowing Association - Clermont Boathouse Management Agreement Page I 1 of 1 I Initials:—*�/