Contract 2024-058ALake County Parcel 14-22-25-0004-000-01700
451 Lake Minneola Shores
SJRWMD SITE 7040
LRS LA# 2536
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is hereby made and entered into as of the date of the last
signature below ("Effective Date"), by and between CITY OF CLERMONT, FLORIDA, a political
subdivision of the State of Florida, whose address is 685 West Montrose Street, Clermont, Florida,
34711 ("City"), and the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District"), a
public body existing under Chapter 373, Florida Statutes, whose address is 4049 Reid Street,
Palatka, Florida, 32177.
WITNESSETH:
WHEREAS, the City is the fee simple owner of certain real property known as the dock at
Lake Minneola Shores (County parcel id: 14-22-25-0004-000-01700) , hereinafter referred to as
the "License Area," located in Lake County, Florida, and more particularly described in Exhibit "A,"
attached hereto and incorporated herein by reference; and
WHEREAS, the District desires to utilize the License Area for the purpose of monitoring
real-time water level readings for users to review and use through telemetry network and
observing hydrogeologic conditions by constructing, operating, and maintaining scientific,
equipment upon the License Area; and
WHEREAS, City is desirous of granting to the District a non-exclusive revocable license
to accomplish the aforementioned purpose.
NOW THEREFORE, for and in consideration of the terms, conditions, and mutual
covenants below, City and the District, both intending to be legally bound, agree as follows:
1. License. City grants the District, its agents and employees, a non-exclusive
revocable license to access across, over and through the License Area to construct, install,
maintain, monitor, replace and repair a staff gauge, stilling well, telemetry box, solar power system
and associated equipment to collect real-time data for scientific purposes and monitor the water
quality and water levels in Lake Minneola and the surrounding waterbodies. The location of any
items, structures or improvements as contemplated herein, shall be subject to the prior written
approval of City, which shall not be unreasonably withheld. The District's use of the License Area
shall be limited to the purposes and uses stated herein and shall not interfere with the primary
function and use of the License Area by the City; the City retains all rights to use the License Area
during the term of this License.
2. Term. This License is granted for a primary term of thirty (30) years, commencing
on the Effective Date and shall continue in full force and effect thereafter unless terminated earlier.
This License Agreement may be terminated at any time, with or without cause, by either Party
upon the terminating Party providing the other Party one -hundred eighty (180) days -written notice
of termination.
3. The District shall not claim any damages from the City in connection with or on
account of any injuries or damages arising in or on the License Area resulting from use of the
License Area by the District and its agents, representatives, and employees. The District shall
maintain a program of insurance covering its liabilities as prescribed by Section 768.28, Florida
Statutes, and shall be responsible for the acts and omission of its officers, employees,
representatives, and agents in the event that such acts or omissions result in injury to persons or
damage to property.
4. The City does not warrant or represent that the License Area is safe or suitable for
the purpose for which the District is permitted to use it, and the District assumes all risks in its
use.
5. Before the initial use of the License Area by the District, the District shall provide
the City at least forty-eight (48) hours notification. The District agrees that any and all work
performed in the License Area shall be accomplished in a good, safe, and workman like manner
and in accordance with applicable Federal, State, and local statutes, rules, regulations, and
ordinances.
6. All notices and communications hereunder shall be in writing and shall be deemed
to have been duly given when delivered in person or sent by certified or overnight U.S. mail, to
their appropriate addresses set forth above, or to such other address(es) as may be furnished in
writing by a party to the other.
7. Upon termination of this License Agreement, or revocation by the City, the District
shall, within one hundred eighty (180) days of said termination or revocation and at its sole cost
and expense, remove all equipment, accessories, and materials owned by the District from the
License Area and restore said License Area to as good a condition as it was before the District
entered upon it, normal wear and tear excepted, and otherwise comply with all applicable Federal,
State, and local statutes, rules, regulations and ordinances. The City agrees to allow the District
continued use of the stilling well and monitoring equipment for a mutually agreed upon time after
termination or revocation to stitch together the data points from a new location to ensure continuity
of that data.
8. The District shall, upon request, provide to City an annual copy of any and all data
collected as a result of the District's hydrogeological monitoring activities in the License Area.
9. The license herein granted is subject to revocation by the City if the License Area
is not utilized for the purposes outlined in this License Agreement; the City's use of the property
changes; the City determines, in its sole discretion, that the District's use of the License Area is
no longer compatible with the City's use of the License Area; or if there is a change in ownership
of the License Area.
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UAReal Estate Services\Easements\City of Clermont Site 7040
10. This License shall be construed according to the laws of the State of Florida.
Jurisdiction and venue for any action hereunder shall lie with the Fifth Judicial Circuit, in and for
Lake County, Florida. EACH PARTY HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL
BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS
AGREEMENT. Each party shall be responsible for its own attorneys' fees and costs associated
with any such litigation.
IN WITNESS WHEREOF, the undersigned parties have executed this License Agreement
on the respective dates under each signature:
Tracy Ackroyd Howe, MMC, City Clerk
City of Clermont, Florida
as to
i tit.- 1W T?R'. Attorney
UAReal Estate Services\Easements\City of Clermont Site 7040
CITY OF CLERMONT, FLORIDA, through its
City Council
Tim Murry, Mayor (�
This day of f l u V S T 2024.
S
ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT, a public boV existing under
Chapter 373, F i atut s
By:
ael'A. Register, P.E.
Executive Director
ATTEST:
By:
Erin Preston,
General Counsel
St. Johns River Water Management District
4049 Reid Street
Palatka, FL 32177
For use and reliance only by
St. Johns River Water Management District,
Legal Form and Content Approved:
By:
Karen Ferguson, Sr. Asst. General Counsel
Office of General Counsel
UA1Real Estate Services\Easements\City of Clermont Site 7040
Exhibit A
Lake County Parcel 14-22-25-0004-000-01700
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UAReal Estate Services\Easements\City of Clermont Site 7040