2003-28
BUILDING USE LICENSE
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AGREEMENT
BETWEEN CONGREGATION SINAI AND
THE CITY OF CLERMONT
This License Agreement (Agreement) is made and entered into by and between
Congregation Sinai, a Florida Corporation, hereinafter called the "Synagogue", whose
address is
and the City of Clermont, a Florida Municipal Corporation, hereafter called "City",
whose address is 685 West Montrose Street, Clermont, Florida, and is based upon the
following premises:
WHEREAS, the Synagogue wishes to occupy the building owned by the City and
known as Jenkins Auditorium, during specified hours on agreed upon dates set forth in
this Agreement; and,
WHEREAS, the Synagogue desires to use and the City agrees that the Synagogue
may utilize the public meeting room, and entry way and public restroom facilities
portions of Jenkins Auditorium (hereinafter called the "Premises") for religious worship
services; and
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WHEREAS, the City grants the Synagogue a license to use the above described
portions ofthe Jenkins Auditorium in accordance with this Agreement.
NOW THEREFORE be it agreed in consideration often (10) dollars and other
consideration set forth herein, the receipt of which is hereby acknowledged, the parties
agree as follows:
1.
Recitals. The foregoing recitals and premises set forth above are
incorporated into this Agreement and made a part hereof.
2.
User Fee. Synagogue shall pay to City a User Fee of$15.00 per hour of
use ofthe Premises, payable in advance at the "City" address shown in
paragraph 13 of this Agreement.
3.
Licensed Premises. City hereby grants a license to the Synagogue to enter
and use the Premises for the purposes set forth herein at those dates and
times set forth in Exhibit "A" of this Agreement. This License is non-
exclusive. City retains and reserves all rights to use the Premises, or
permit others to use the Premises, for any purpose that is not inconsistent
with the hours and days of use granted to Synagogue under the terms of
this Agreement.
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4,
Purpose. The Synagogue is authorized to utilize the Premises for the
conduct of religious worship services on and during the days and times
authorized in this Agreement. No other uses of the Premises or activities
thereon are permitted under this Agreement.
5.
Term of License. This License Agreement shall commence on the 5th day
of October, 2003 and shall terminate at 10:00 p.m. on the 25th day of June,
2004, This Agreement can be extended upon mutual agreement of the
parties.
6.
Maintenance, Restoration. During the term of this License Agreement,
Synagogue shall take care ofthe Premises and shall leave the public areas
in the same set up condition as when the use by the Synagogue begins
including set up ofthe stage area and the seating in the meeting room of
the Premises and leave restrooms clean, lights off and all exterior doors
locked, Synagogue shall not install any improvements to the Premises
without the specific written approval of the City Manager of the City. If
authorized and installed by the Synagogue after authorization from the
City, all installed improvements to the Premises shall become the property
of the City, The Synagogue shall not cause or allow waste of the premises
and shall leave the premises in the same condition as when the License
term begins, ordinary wear and tear excepted.
7.
Assignment. Synagogue shall not assign the ùse or rights under this
License Agreement. If Synagogue attempts to assign its rights under this
Agreement without the prior written agreement of the City, this
Agreement shall be declared null and void.
8.
AS-IS Condition. Synagogue has inspected the Premises and declares
Premises acceptable for Synagogue's purposes. Synagogue accepts the
Premises as is, and with all faults, if any, and acknowledges and agrees
that its use ofthe Premises hereunder is at Synagogue's own risk. City
shall be under no obligation to make any improvements to the Premises
and if the Premises become uninhabitable for any reason, then this License
Agreement shall terminate.
No Property Interest Granted. This License Agreement grants only a
revocable license to Synagogue and no property interest is granted to
Synagogue
10.
Insurance, Indemnification, Release, Waiver.
a. Insurance. The Synagogue shall deliver to the City proof of general
liability and property damage insurance covering the Synagogue's use
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of the Premises, such insurance to be in the amounts specified by the
City manager to the President of the Synagogue.
b. Indemnification. Synagogue agrees to defend, indemnify and hold the
City, it's officials, agents, and employees from and against any and all
claims, suits, judgments, demands, liabilities, damages, costs and
expenses (including court costs, witness and consulting fees, and
attorney's fees and costs prior to any suit and through any appeal) of
any kind or nature related directly or indirectly to Synagogue's use of
the Premises under this Agreement.
c. Release, Waiver. Synagogue, on behalf of itself, its employees, agents
or members, does waive and release and agrees to indemnify and
defend City from any and all liability and/or claims relating to the loss
of or damage to any property, materials, equipment or goods kept or
used or left on the Premises.
d. The provisions of this paragraph shall survive the termination ofthis
Agreement.
11.
Safety, Compliance with Laws and Regulations. Synagogue shall comply
with, and will require all users of the Premises under this License
Agreement, too comply with all applicable laws, ordinances, rules,
regulations, and standards relating to building or premises use and public
occupancy, and all safety directives of authorized officials during use of
the Premises.
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12.
Termination. This Agreement may be terminated:
a. By mutual consent of the parties during the term ofthis Agreement;
b. At any time prior to the termination of this Agreement, upon five (5)
days notice to Synagogue from City, should Synagogue breach any
provision of this Agreement.
c. At any time prior to the termination ofthis agreement, upon 30 days
notice to the Synagogue from the City.
13.
Notices. All notices to parties to this Agreement shall be given by hand
delivery or certified mail to the addresses set forth below:
To City: City of Clermont
685 West Montrose Street
Clermont, Fla. 34712
To: Congregation Sinai Synagogue:
IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe
dates written below.
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Printed N ~ ~U~-~
WITNESSES
Printed Name
By: ç~~
Printed Name
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Date:1O..:J t4.- D ~
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CONGREGATION SINAI,
A Florida Corporation
BY:~
Date: / ?'~
Printed Name: f} LIJ {II (YJ /)teg¡:~""'iif¿J{
Title: TRÆ ß ~ tJ RÆ f<j
THE CITY OF CLERMONT,
a Florida Municipal Corporation
Harold S, Turville, Jr., Mayor
Title: Mayor. City of Clermont
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"Exhibit A"
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DATES AND HOURS OF USE
10/05 6PM-10PM (Sunday)
10/06 9AM-1PM (Monday)
11/13 7PM -1 OPM (f1= y
11/28 7:30PM-10PM (V\¡;{Me~à&yJ
FP/!./b/f 'j
12/19 7PM-10PM (Friday)
01/30 7:30PM-10PM (Friday)
02/27 7:30PM-10PM (Friday)
03/26 7:30PM-10PM (Friday)
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04/06 6PM-10PM (Tuesday)
04/27 7PM-10PM (Tuesday)
04/30 7:30PM-10PM (T1U:sd!ï)
J::'Afb/9 y
OS/28 7:30PM-10PM (Friday)
06/25 7:30PM-10PM (Friday)
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