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2003-28 BUILDING USE LICENSE . AGREEMENT BETWEEN CONGREGATION SINAI AND THE CITY OF CLERMONT This License Agreement (Agreement) is made and entered into by and between Congregation Sinai, a Florida Corporation, hereinafter called the "Synagogue", whose address is and the City of Clermont, a Florida Municipal Corporation, hereafter called "City", whose address is 685 West Montrose Street, Clermont, Florida, and is based upon the following premises: WHEREAS, the Synagogue wishes to occupy the building owned by the City and known as Jenkins Auditorium, during specified hours on agreed upon dates set forth in this Agreement; and, WHEREAS, the Synagogue desires to use and the City agrees that the Synagogue may utilize the public meeting room, and entry way and public restroom facilities portions of Jenkins Auditorium (hereinafter called the "Premises") for religious worship services; and . WHEREAS, the City grants the Synagogue a license to use the above described portions ofthe Jenkins Auditorium in accordance with this Agreement. NOW THEREFORE be it agreed in consideration often (10) dollars and other consideration set forth herein, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The foregoing recitals and premises set forth above are incorporated into this Agreement and made a part hereof. 2. User Fee. Synagogue shall pay to City a User Fee of$15.00 per hour of use ofthe Premises, payable in advance at the "City" address shown in paragraph 13 of this Agreement. 3. Licensed Premises. City hereby grants a license to the Synagogue to enter and use the Premises for the purposes set forth herein at those dates and times set forth in Exhibit "A" of this Agreement. This License is non- exclusive. City retains and reserves all rights to use the Premises, or permit others to use the Premises, for any purpose that is not inconsistent with the hours and days of use granted to Synagogue under the terms of this Agreement. . ~Ob3-~-g . . 9, . 4, Purpose. The Synagogue is authorized to utilize the Premises for the conduct of religious worship services on and during the days and times authorized in this Agreement. No other uses of the Premises or activities thereon are permitted under this Agreement. 5. Term of License. This License Agreement shall commence on the 5th day of October, 2003 and shall terminate at 10:00 p.m. on the 25th day of June, 2004, This Agreement can be extended upon mutual agreement of the parties. 6. Maintenance, Restoration. During the term of this License Agreement, Synagogue shall take care ofthe Premises and shall leave the public areas in the same set up condition as when the use by the Synagogue begins including set up ofthe stage area and the seating in the meeting room of the Premises and leave restrooms clean, lights off and all exterior doors locked, Synagogue shall not install any improvements to the Premises without the specific written approval of the City Manager of the City. If authorized and installed by the Synagogue after authorization from the City, all installed improvements to the Premises shall become the property of the City, The Synagogue shall not cause or allow waste of the premises and shall leave the premises in the same condition as when the License term begins, ordinary wear and tear excepted. 7. Assignment. Synagogue shall not assign the ùse or rights under this License Agreement. If Synagogue attempts to assign its rights under this Agreement without the prior written agreement of the City, this Agreement shall be declared null and void. 8. AS-IS Condition. Synagogue has inspected the Premises and declares Premises acceptable for Synagogue's purposes. Synagogue accepts the Premises as is, and with all faults, if any, and acknowledges and agrees that its use ofthe Premises hereunder is at Synagogue's own risk. City shall be under no obligation to make any improvements to the Premises and if the Premises become uninhabitable for any reason, then this License Agreement shall terminate. No Property Interest Granted. This License Agreement grants only a revocable license to Synagogue and no property interest is granted to Synagogue 10. Insurance, Indemnification, Release, Waiver. a. Insurance. The Synagogue shall deliver to the City proof of general liability and property damage insurance covering the Synagogue's use . of the Premises, such insurance to be in the amounts specified by the City manager to the President of the Synagogue. b. Indemnification. Synagogue agrees to defend, indemnify and hold the City, it's officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, costs and expenses (including court costs, witness and consulting fees, and attorney's fees and costs prior to any suit and through any appeal) of any kind or nature related directly or indirectly to Synagogue's use of the Premises under this Agreement. c. Release, Waiver. Synagogue, on behalf of itself, its employees, agents or members, does waive and release and agrees to indemnify and defend City from any and all liability and/or claims relating to the loss of or damage to any property, materials, equipment or goods kept or used or left on the Premises. d. The provisions of this paragraph shall survive the termination ofthis Agreement. 11. Safety, Compliance with Laws and Regulations. Synagogue shall comply with, and will require all users of the Premises under this License Agreement, too comply with all applicable laws, ordinances, rules, regulations, and standards relating to building or premises use and public occupancy, and all safety directives of authorized officials during use of the Premises. . 12. Termination. This Agreement may be terminated: a. By mutual consent of the parties during the term ofthis Agreement; b. At any time prior to the termination of this Agreement, upon five (5) days notice to Synagogue from City, should Synagogue breach any provision of this Agreement. c. At any time prior to the termination ofthis agreement, upon 30 days notice to the Synagogue from the City. 13. Notices. All notices to parties to this Agreement shall be given by hand delivery or certified mail to the addresses set forth below: To City: City of Clermont 685 West Montrose Street Clermont, Fla. 34712 To: Congregation Sinai Synagogue: IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe dates written below. . , . . Printed N ~ ~U~-~ WITNESSES Printed Name By: ç~~ Printed Name . Date:1O..:J t4.- D ~ . CONGREGATION SINAI, A Florida Corporation BY:~ Date: / ?'~ Printed Name: f} LIJ {II (YJ /)teg¡:~""'iif¿J{ Title: TRÆ ß ~ tJ RÆ f<j THE CITY OF CLERMONT, a Florida Municipal Corporation Harold S, Turville, Jr., Mayor Title: Mayor. City of Clermont , . "Exhibit A" . DATES AND HOURS OF USE 10/05 6PM-10PM (Sunday) 10/06 9AM-1PM (Monday) 11/13 7PM -1 OPM (f1= y 11/28 7:30PM-10PM (V\¡;{Me~à&yJ FP/!./b/f 'j 12/19 7PM-10PM (Friday) 01/30 7:30PM-10PM (Friday) 02/27 7:30PM-10PM (Friday) 03/26 7:30PM-10PM (Friday) . 04/06 6PM-10PM (Tuesday) 04/27 7PM-10PM (Tuesday) 04/30 7:30PM-10PM (T1U:sd!ï) J::'Afb/9 y OS/28 7:30PM-10PM (Friday) 06/25 7:30PM-10PM (Friday) .