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
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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.
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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
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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
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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
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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.
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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.
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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
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REGULAR COUNCIL MEETING
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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
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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.
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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
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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.
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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.
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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�
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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,
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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,
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Management Agreement
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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
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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
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(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
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Lake County Rowing Association -Clermont Boathouse
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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
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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
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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.
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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
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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
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