2017-088 MEMORANDUM OF UNDERSTANDING
BETWEEN CLERMONT POLICE DEPARTMENT
AND LAKE TECHNICAL COLLEGE
1. Parties. This Memorandum of Understanding (hereinafter referred to
as "MOU") is made and entered into by and between the Clermont Police Department,
whose address is 3600 US-27, Clermont, FL 34711, and Lake Technical College, whose
address is 2001 Kurt Street, Eustis, FL 32726 .
2. Purpose. The purpose of this MOU is to establish the terms and
conditions under which a storage shed can be placed on the property of Lake Technical
College located at 13399 Frankies Road, Tavares, FL 32778.
3. Term of MOU. This MOU is effective upon the day and date last
signed and executed by the duly authorized representatives of the parties to this MOU
and the governing bodies of the parties' respective counties or municipalities and shall
remain in full force and effect for not longer than 01/01/2037. This MOU may be
terminated, without cause, by either party upon 60 days written notice, which notice shall
be delivered by hand or by certified mail to the address listed above.
4. Responsibilities of Clermont Police Department Lake Technical
College grants permission to Clermont Police Department to place a storage shed on the
property noted above to store their personal belongings needed in the course of training
and other agency related duties. The shed shall not exceed a size and dimension of 12' X
24'. All items stored on property must be non-hazmat, and not pose a danger to life or to
the environment. All costs and expenses incurred are the responsibility of Clermont
Police Department, including costs to secure the shed and its contents. Lake Technical
College will not be liable for any stolen, lost or damaged items.
6. Obligations of the parties. The Partners acknowledge that no contractual
relationship is created between them by this Memorandum, but agree to work together in
the true spirit of partnership.
7. General Provisions
A. Amendments. Either party may request changes to this MOU.
Any changes, modifications, revisions or amendments to this MOU which are mutually
agreed upon by and between the parties to this MOU shall be incorporated by written
instrument, and effective when executed and signed by all parties to this MOU.
B. Applicable Law. The construction, interpretation and
enforcement of this MOU shall be governed by the laws of the State of Florida. The
courts of the State of Florida shall have jurisdiction over any action arising out of this
MOU and over the parties, and the venue shall be Lake County, FL.
D. Entirety of Agreement. This MOU, consisting of three pages,
represents the entire and integrated agreement between the parties and supersedes all
prior negotiations, representations and agreements, whether written or oral.
E. Severability. Should any portion of this MOU be judicially
determined to be illegal or unenforceable, the remainder of the MOU shall continue in
full force and effect, and either party may renegotiate the terms affected by the severance.
F. Sovereign Immunity. The Clermont Police Department and the
Lake Technical College and their respective governing bodies do not waive their
sovereign immunity by entering into this MOU, and each fully retains all immunities and
defenses provided by law with respect to any action based on or occurring as a result of
this MOU.
G. Third Party Beneficiary Rights. The parties do not intend to create
in any other individual or entity the status of a third party beneficiary, and this MOU
shall not be construed so as to create such status. The rights, duties and obligations
contained in this MOU shall operate only between the parties to this MOU, and shall
inure solely to the benefit of the parties to this MOU. The provisions of this MOU are
intended only to assist the parties in determining and performing their obligations under
this MOU. The parties to this MOU intend and expressly agree that only parties
signatory to this MOU shall have any legal or equitable right to seek to enforce this
MOU, to seek any remedy arising out of a party's performance or failure to perform any
term or condition of this MOU, or to bring an action for the breach of this MOU.
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8. Signatures. In witness whereof, the parties to this MOU
through their duly authorized representatives have executed this MOU on the
days and dates set out below, and certify that they have read, understood, and
agreed to the terms and conditions of this MOU as set forth herein.
Theeffective effects e date of this MOU is the date of the signature last affixed
to this page.
CLERMONT POLICE DEPARTMENT
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[Name and Title ] Date
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ame and Title] Date
LAKE TECHNICAL COLLEGE
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[Name and Title] Da e
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[Name and Title] Date