2009-39CITY OF CLERMONT AND SOUTH LAKE COUNTY HISTORICAL SOCIETY, INC.
MANAGEMENT AND OPERATION PLAN AGREEMENT
FOR CLERMONT HISTORIC VILLAGE
THIS AGREEMENT, is made this 8`h day of December, 2009, between the City of Clermont, a
Municipal Corporation of the State of Florida, (hereinafter referred to as the "City") and The South
Lake County Historical Society, Inc., (hereinafter referred to as the "Historical Society") and is to
that certain user agreement entered into between the parties dated December 8, 2009 and hereinafter
referred to as the "User Agreement".
NOW THEREFORE, in consideration of the covenants and agreements herein contained, the parties
agree as follows:
1. General. To the extent that this Management Plan and Operating Agreement conflicts in
any manner with the User Agreement, the terms and conditions of the User Agreement shall prevail.
In the event that the User Agreement is terminated for any reason, this Management Plan and
Operating Agreement shall terminate as of the effective date of the User Agreement termination. It
is expressly agreed, that with the exception of terms and conditions that may require expenditure of
funds by the City or subject the City to risk or liability, the City Manager shall have the authority to
act on behalf of the City to amend the terms and conditions hereof. Provided however, that any
such amendment shall be in writing.
2. Use of Site The Historical Society shall have the right and authority to use the Site as
defined in the User Agreement for the following purposes:
a) Maintaining exhibits of historical significance to South Lake County;
b) Presenting programs, shows, presentations and activities of historical significance to
South Lake County;
c) Conducting tours of the facilities located on the Site;
d) Operating concessions, including a gift shop and food and beverage concessions.
With regard to the operation of concessions as provided herein, Historical Society may contract with
a third party to provide the services provided that there is a written agreement between the
Historical Society that shall be subject to approval by the City and at a minimum provide that the
third party shall comply with all applicable codes, laws and regulations and provide insurance
naming the City as an additional insured.
e) To conduct fund raisers consistent with the established operation and purposes of the
Historical Society. Provided however, the Historical Society shall coordinate with, and provide
prior notice to City of any such events.
f) The Historical society shall not use the premises for the consumption or service of
alcoholic beverages without prior approval from the City.
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3. TERM OF AGREEMENT. The term of this agreement shall be for as long as the User
Agreement remains in affect. In the event of termination of the User Agreement for any reason, this
agreement shall immediately terminate.
5. USE OF SITE. The Historical Society may use the Site for any and all purposes as set forth
above. The Historical Society covenants that it shall utilize the Site in compliance with all
applicable Federal, State and City laws and regulations and all policies of City.
6. DEFAULT. The failure of The Historical Society to comply with any term, or obligation
imposed upon The Historical Society by this Agreement shall constitute a default of this Agreement
and of the User Agreement. In the event of default, City, after providing to The Historical Society
written notice of the default and ten (10) days to cure said default to the satisfaction of City, may
immediately terminate this Agreement and the User Agreement and pursue any all legal remedies
available to it at law or in equity.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 8`h day of
December, 2009.
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Attest:
BY:
Tracy c oyd, Ci y Jerk
CITY OF CL T
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BY:
Harold S. Turville, Mayor
Attest:
Vice Pres./Sec etary/Treasurer
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President
Printed Name
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