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2012-73 SECOND AMENDMENT TO CITY OF CLERMONT AND THE SOUTH LAKE COUNTY HISTORICAL SOCIETY, INC. CLERMONT HISTORIC VILLAGE USE AGREEMENT This Amendment is to that certain agreement of December 8, 2009 and any and all amendments thereto(hereinafter collectively referred to as the"Agreement")between the City of Clermont,hereinafter referred to as"CITY"and The South Lake County Historical Society,Inc., hereinafter referred to as "HISTORICAL SOCIETY". The parties, in exchange for the mutual covenants contained herein and in the Agreement, agree as follows: 1. This Amendment expressly modifies the Agreement and in the event of a conflict, the terms and conditions of this Amendment shall prevail." 2. Section 3, Use of Property, of the Agreement is amended to provide that the HISTORICAL SOCEITY shall have the right to construct a replica school building structure to be located as set forth on the site plan attached hereto and incorporated herein as Exhibit"A"to this Amendment. The structure shall be constructed din accordance with all applicable codes and regulations and at the sole expense of HISTORICAL SOCIETY. 3. Section 6, Insurance,Is amended to provide that HISTORICAL SOCIETY shall not be required to obtain insurance coverage on the contents of the replica school building. In exchange and in consideration therefore, HISTORICAL SOCIETY expressly agrees to hold harmless, release and indemnify CITY from any and all claims, damages, lawsuits, liabilities, losses or expenses of any kind, including reasonable attorney fees and costs, arising out of, or resulting from, the damage to any contents of the school replica building. Said hold harmless, release and indemnification shall be applicable regardless of whether the damage or loss results from the negligence of CITY or HISTORICAL SOCIETY,or their respective employees,agents 1 or assigns. 4. All other terms and conditions set forth in the Agreement shall remain in full force and effect and unchanged as agreed to by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this a57 day ofa2012. r`r"AOst:4 The City of Clermont, By %�_ � - • -Tracy Ackro d, City Clerk ayor H(old Turville Jr. Date; q-a5- I `� Attest: South Lake Histoncal Society, Inc. By: By L , ' ��, Title Micki Blackburn Chairman Date: ettg/.T 42______ 2