R-2018-43R (2) CITY OF CLERMONT
C� RESOLUTION NO. 2018-43R
A RESOLUTION OF THE CITY OF CLERMONT CITY COUNCIL
APPROVING AN AMENDMENT TO THAT CERTAIN FACILITY
LICENSE AGREEMENT DATED SEPTEMBER 9, 2014 BETWEEN THE
CITY AND BOYS AND GIRLS CLUB OF LAKE AND SUMTER
COUNTIES, INC. RELATED TO THE USE OF THE ARTS AND
RECREATION CENTER; AMENDING THE AGREEMENT TO
TRANSFER ALL RIGHTS AND OBLIGATIONS THEREUNDER TO
BOYS AND GIRLS CLUBS OF CENTRAL FLORIDA, INC. AND
ADOPTING IN ITS ENTIRETY A NEW AND REVISED PROGRAM AND
OPERATIONAL PLAN FOR THE USE OF THE FACILITY;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT AS PROVIDED HEREIN AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Clermont,
Florida, as follows:
SECTION 1.
The City Council does hereby approve the Amendment to September 9, 2014 Facility Use and
License Agreement with Boys and Girls Club of Lake Sumter County, Inc. and Boys and Girls
Clubs of Central Florida, Inc. as attached hereto and incorporated herein as Exhibit "A".
SECTION 2.
The City Manager of the City of Clermont is hereby authorized and directed to execute the First
Amendment as set forth in Exhibit"A".
SECTION 3.
This resolution shall take effect immediately upon its adoption.
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CLCITY OF CLERMONT
RESOLUTION NO. 2018-43R
DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
Florida, this 23rd day of October, 2018.
CITY OF CLERMONT
tateL____Th
r.,
ai 1. Ash, Mayor
ATTEST:
Tracy Ackroyd Howe, City Clerk
Approve. • rarA and le:alit :
"
Da ►� . aris, City Attorney
FIRST AMENDMENT TO
FACILITY USE AND LICENSE AGREEMENT
THIS AMENDMENT is to that certain agreement of September 9. 2014 (hereinafter
referred to as the "Agreement") between the City of Cletmiont, hereinafter referred to as
"CITY" and Boys and Girls Club of Lake And Sumter Counties. Inc., a Florida not for-profit
corporation, hereinafter referred to as "Licensee". The parties. in exchange for the mutual
covenants contained herein and in the Agreement,agree as follows:
WITNESSETH:
WHEREAS, the Boys and Girls Club of Lake And Sumter Counties, Inc. has merged
and/or transferred its assets. entitlements and obligations to Boys & Girls Clubs of Central
Florida, Inc., a Florida not-for-profit corporation;
WHEREAS, Boys & Girls Clubs of Central Florida, Inc. operates in the same
manner and provides the same services as Boys and Girls Club of Lake And Sumter
Counties, Inc.; and
WHEREAS, the City, desires to continue its relationship with the Boys and Girls
Clubs for the benefit of the Clermont community and its citizens.
NOW, THEREFORE, in consideration of the covenants herein contained, it is
mutually agreed between the parties as follows:
I. This Amendment expressly modifies the Agreement and in the event of a
conflict,the terms and conditions of this Amendment shall prevail.
2. The Agreement is hereby amended to provide that the Licensee entitled to all
of the benefits and to satisfy all of the obligations under the Agreement in accordance with
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the terms and conditions contained therein shall be as set forth below. Additionally for
purposes of Section 21 of the Agreement all future notice as may be required shall be
provided to Licensee at the address below.
Boys& Girls Clubs of Central Florida. Inc.
PO Box 2987
Orlando, FL. 32802
3. Section 2,"Use of Property". of the Agreement is hereby amended to provide
that Exhibit "A"attached hereto and incorporated herein shall replace in its entirety Exhibit
"A" incorporated into the Agreement. The parties further agree that annually and no later
than August 31 of each year, they shall review, revise and update the terms and conditions
and scheduling of Licensee's program and execute an Operating and Scheduling Addendum
for the coming year which shall become a part of, and incorporated into,the Agreement. For
purpose of this Section, the City Manager of the City of Clermont is authorized to execute
the contemplated Addendum.
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.
5. Boys & Girls Clubs of Central Florida, Inc., by its authorized agents
execution of this
{Remainder of page initially left blank}
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Amendment below. as of the date of said execution agrees and acknowledges that it is
subject to the terms and conditions set lbrth in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this as
of the respective dates set forth below.
Cit • P4 • t
BY: !a] k
Darren 3 v, it Manag'..
DATE:_d/_3 (I (S
Boys&Gir Clu of Central Florida,Inc.
Lr _'r BY:
Lena Williams.Chair
TI LF.: : �►. � ��•
DATE:____ LD 11 IS
Boys&Girl�b�CentraFlorida,Inc.
ATTEST: I r BY:
Mack Reid. Chief Operations Officer
TITLE: / I DATE: /, t J lF�
DATE: /FP
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