Contract 2025-034A2025-034A
USE LICENSE AGREEMENT
between
CITY OF CLERMONT
and
LAKE COUNTY ROWING ASSOCIATION, INC.
a non-profit corporation
This USE LICENSE AGREEMENT (this "Agreement") is entered into on this c&? N k025
and shall be effective on the date of August 1, 2025 described herein (the "Effective Date"), by and between
the Lake County Rowing Association, Inc., a Florida not for profit corporation ("Licensee"), and the City of
Clermont ("City") a political subdivision of the State of Florida.
RECITALS
WHEREAS the City owns the Downtown Clermont Waterfront and, specifically the "Boathouse",
the 2000 meter race course and the 1000 meter race course in South Lake County designed 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 Licensee (the "Program"); and
WHEREAS the City desires to grant a revocable license 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:
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
three (3) years unless terminated in accordance with this Agreement or by law. This Agreement
will automatically renew for a period of three (3) years and shall continue to be automatically
renewed at the conclusion of each term for a period of three (3) years upon the same terms and
conditions, unless modified by subsequent agreements, until such time that either party chooses
not to renew the Agreement.
LICENSE FEE. In consideration of the rights granted therein and in addition to all other duties and
all other obligations contained herein of Licensee, Licensee shall pay to City on the first day of
each month as described:
• One Thousand Dollars ($1000) per month from August 1, 2025 — July 31, 2026
• Fees will increase 3% each year on August 1
• Funds paid by check or electronic fund transfer to the City's designated
account
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4. LICENSEE USE OF BOATHOUSE FACILITY.
a. LICENSED PREMISES. Licensee is granted a license to use the interior areas of the
Boathouse (the "Licensed Premises") and the designated portion of the fenced area attached to
the Boathouse, as described in Exhibit A, for the purpose of conducting club membership activities
and events.
b. PERMITTED ACTIVITIES. Licensee may use the Licensed Premises for hosting rowing
events, training sessions, meetings, and other related activities consistent with the purpose of the
Boathouse.
c. LIMITATIONS. Licensee shall not make any structural 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 and repair
of the existing appearance of the Boathouse interior shall be at Licensee's expense, except for
normal wear. Licensee acknowledges that the City is the owner of the Boathouse. Any additions of
permanent fixtures to the Boathouse by Licensee shall require City's prior written consent and shall
remain on the property of City upon termination of this Agreement. Removable Licensee
equipment, such as; storage racks, furniture, boats, oars, etc. remain the property of the Licensee.
5. RIGHT AND DUTIES OF LICENSEE.
a. EXCLUSIVE USE. During the Term of this Agreement, Licensee shall have the exclusive
right to use and possess interior areas of the Boathouse and the areas designated in Addendum A,
subject to the City's right to use the outside surrounding areas and its right to enter for
maintenance, repair, and inspection. It is expressly understood that the Licensee 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 may be
determined by the City.
b. COMPLIANCE WITH LAW. Licensee shall perform all activities at the Boathouse in
compliance with all applicable federal, state, local law; including, but not limited to Florida Public
Records Law. Licensee shall be responsible for obtaining any permits or approvals required for its
use of the Boathouse.
c. INSURANCE. Licensee shall maintain coverage as specified in Section 7, naming the
City as additional insured.
d. FINANCIAL RESPONSIBILITY. Licensee shall be responsible for all maintenance and repair
operating costs associated with its use of the Boathouse. Licensee shall be responsible for any
taxes on its operations.
e. FINANCIAL REPORTING. Licensee shall provide to the City its annual financial statements
detailing all revenues and expenses associated with the use of the Boathouse. Statements shall be
delivered to the Parks and Recreation Director, or the Director's designee, no later than May 1 for
activity the previous fiscal year (January 1— December 31).
f. TOURISM IMPACT REPORT. Licensee shall submit a Quarterly Tourism Impact Report to
the Parks and Recreation Director, or the Director's designee, each year, no later than February 1,
May 1, August 1, November 1. The reports will include Activity/Event with dates, Attendance,
Economic Contributions, Hotel Nights, plus any additional relevant data that would illustrate the
events impact on Clermont's tourism economy.
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g. MEMBER DEMOGRAPHIC REPORT. Licensee shall submit a demographic report to the
Parks and Recreation Director, or Director's designee, on May 1 of each year. The report will
include street name, city of residence, designation of youth or adult for each Member, Board
Member, Activity participant.
h. USE OF ROWING COURSE
i. Licensee 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. Licensee shall not install the rowing course sooner than fourteen (14) days prior
to any approved event date and shall remove the course (lane lines and buoys),
except anchors, no later than fourteen (14) days after the approved event.
iii. Licensee shall notify the Parks and Recreation Director in writing within
twenty-four (24) hours of the course being removed.
6. DUTIES OF THE CITY.
a. MAINTENANCE. The City shall maintain the unpaved grounds around the Boathouse, seawall,
ramp, docks and shall be responsible for maintenance of the Boathouse structure including, but
not limited to; HVAC, lighting, doors, plumbing, roof. The City will also maintain the race
courses with the assistance of Licensee.
b. SUPPORT. City shall provide reasonable support to Licensee including access to facilities and
resources needed to operate the Boathouse.
c. UTILITIES. The City, at the expense of the City, shall provide water, sewer, electric, trash
services to the Boathouse Premises. City shall restore these services as quickly as possible in the
event of interruption. All other services shall be the responsibility of the Licensee.
d. ACCESS. The City shall have the right to access the Boathouse for inspection and maintenance.
The City shall make reasonable effort to not interfere with Licensee use of the Boathouse.
7. INSURANCE.
a. INSURANCE REQUIREMENTS. Licensee shall procure and maintain at its own expense general
liability coverage which provides not less than ONE MILLION DOLLARS ($1,000,000.00) per
occurrence and not less than TWO MILLION DOLLARS ($2,000,000.00) aggregate. City shall be
named as additional insured.
b. PROPERTY INSURANCE. Licensee shall provide insurance for any Licensee owned removable
and temporary structures, personal property, equipment stored on the Boathouse Premises
or inside the Boathouse structure.
c. EVIDENCE OF INSURANCE. Licensee shall provide Certificates of Insurance to the City as
evidence of compliance with Agreement requirements. City shall receive at least thirty (30) days
written notice of any required insurance being canceled, reduced, or materially changed.
8. TERMINATION OF AGREEMENT.
a. 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.
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b. CASUALTY. In the event that the Boathouse is destroyed or is rendered unusable then either
party may terminate this Agreement upon five (5) days written notice.
c. EFFECTS OF TERMINATION. In the event of the termination, Licensee shall immediately
relinquish the Boathouse Premises to the City and deliver to the City the Boathouse Structure
and Premises in the same condition existing at the commencement of the Agreement with the
exception of normal wear and tear.
9. INDEMNIFICATION. The provisions of this Section 9 shall survive the termination or expiration of this
Agreement. Licensee agrees to indemnify, defend and hold harmless the City, its officers, and
employees 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, arising
out of or resulting from Licensee's use of the Boathouse, except to the extent such claims are
caused by the City's negligence or willful misconduct.
10. NOTICES. All notices required by this Agreement shall be in writing and delivered personally or sent
by certified mail, return receipt requested, or by nationally requested overnight courier service
to the parties at the address set forth below or by email if an email address is listed below or such
other address as the party may designate in writing by similar notice:
To Licensee:
LAKE COUNTY ROWING ASSOCIATION, Inc.
Attn: President Mark Vantrease
PO Box 120173
Clermont, FL 34712
With a copy to:
Amanda Gale Alderman.
2139 White Feather Loop
Oakland, Florida 34787
To the City:
City of Clermont
Attn: City Manager
685 West Montrose Street Clermont, Florida 34711
With a copy to:
Christian W. Waugh, cwaugh@waugh.legal
11. NO AGENCY OR PARTNERSHIP. Licensee is an independent contractor under this Agreement. The
City and Licensee are not partners, joint ventures, or principal or agent of the other.
12. MISCELLANEOUS
a. SEVERABILITY. Should any part of this Agreement be invalid or unenforceable it shall not
affect the validity and enforceability of the remaining portions.
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b. LAW AND VENUE. 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.
c. PUBLIC RECORDS COMPLIANCE. Licensee expressly understands the City must comply with
Florida's Public Records law. Licensee agrees to comply with applicable requirements of Florida's
Public Records Law.
d. AMENDMENT. This Agreement may only be modified in writing, signed by both
parties.
e. WAIVER. The failure of either party to enforce any provision of this agreement shall not be
deemed a waiver of the right to enforce that provision or any other provision in the future.
f. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior agreements, whether written or oral.
13. BOARD REPRESENTATION. The Licensee agrees to include a designated representative from the
City as a Liaison to the Licensee's Board. The City will appoint a representative who shall receive
the same notifications and as all Licensee Board Members. The City will appoint a replacement
Liaison due to vacancy in a timely manner.
14. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of
this Agreement, or because of an alleged dispute, breach, default, misrepresentation in
connection with any provisions of this Agreement, the successful or prevailing party or parties
shall be entitled to recover reasonable fees for attorney, court, related expenses (including tax),
even if not taxable as court costs, including fees related to appeals in addition to any other relief
such party or parties may be entitled.
15. UNAUTHORIZED ALIEN WORKERS. City will not intentionally award publicly funded contracts to
any contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration
and Nationality Act ("INA"). City shall consider employment by contractor of unauthorized aliens
a violation of Section 274A(e) of the INA. Such violation shall be considered grounds for immediate
cancellation of this Agreement by City.
16. VERIFICATION UNDER §787.06, FLA. STAT. The person signing on behalf of Licensee swears and
affirms under penalty of perjury that Licensee does not use coercion for labor or services as
defined in §787.06, Fla. Stat.
[Signatures on following page]
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IN WITNESS WHEREOF, 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
ft
Mayor, Tim urry,\
Date:
WITNESSES:
Print Name: �- ctC u : H d I,i
LAKE COUNTY ROWING ASSOCI TION, INC.
President, Mark V ntrease
Date:
w
r
Print Name: c) ( t wS
C t
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