Contract 2021-015A#2021-015-A
CITY OF CLERMONT
RISE CLERMONT EQUIPMENT USER AGREEMENT
THIS AGREEMENT, made this 4th day of March, 2021, between the City of Clermont, a
Municipal Corporation of the State of Florida, hereinafter referred to as the "CITY", and Suncreek
Brewery, hereinafter referred to as "USER."
NOW THEREFORE, in consideration of the covenants and agreements herein contained, the parties
agree as follows:
1. EQUIPMENT. CITY agrees to permit USER to utilize the equipment and items as more
particularly described in Exhibit "A" attached hereto and incorporated herein for the limited and
restricted purposes of and related to USER's special event referred to as Irish Fest 21 to occur at
790 W. Minneola Avenue in the specific location as set forth in Exhibit "B" attached hereto and
incorporated herein. USER expressly agrees and acknowledges that the rights granted herein are a
license and shall not act as, be construed as or to create any use or lease right to any other equipment
or real property. Additionally, to the extent applicable, all set up, dismantling and movement of the
Equipment shall be completed solely by CITY employees or authorized agents of the CITY.
2. TERM OF AGREEMENT: The term of this agreement shall be for an event on March
12-13, 2021.
3. FEES: Inconsideration of the fights granted therein and in addition to all other duties and
all other obligations contained herein, USER shall pay to the CITY the sum of 1,300 DOLLARS for
the use of the Equipment including the cost of CITY staff or agents to deliver, set up, dismantle and
pick up the EQUIPMENT. The fee provided for herein, shall be paid as follows: 50% upon
confirming reservation of the date set forth above and 50% five (5) business days before the date of
the event. In the event that USER fails to timely pay as provided hereunder, the reservation shall be
cancelled,
4. INSURANCE.
(a) USER shall, at USER'S sole expense, at all time during the term of this Agreement
maintain general comprehensive insurance for the protection and benefit of USER and its property.
All policies of insurance shall insure the USER and name the CITY as the insured or additional
insured against any and all claims, demands, actions and causes of action whatsoever for injuries
received, by any individual, participant, guest, invitee agent or employee, or damage to the
EQUIPMENT, or any other property of CITY or USER, related to the use thereof by USER Such
policies of insurance shall be in an amount of ONE MILLION DOLLARS ($1,000,000.00) per
occurrence in an aggregate amount of TWO MILLION DOLLARS ($2,000,000.00) to cover the
total aggregate of claims that may arise or to be claimed to have arisen against the CITY or USER,
as aforesaid.
(b). The originals of the aforementioned policies of insurance, or certificates of the
issuance thereof, shallbe delivered to the CITY as evidence of the compliance by the USER with
the terms and provisions contained herein. Each of the said insurance policies shall be issued by a
company or companies authorized to do business in the State of Florida and have an A.M. Best
Company Rating of "A" or better and a Financial Size Category of "VII" or as otherwise approved
by CITY, in its sole discretion. Should the USER fail to provide such insurance, the CITY may, but
shall not be obligated to, procure the same and advance funds for the payment of the cost thereof for
and on behalf of the USER and all such payments shall be considered as rent immediately d ue and
shall be included in any lien for rent due and unpaid. The proof of insurance as provided herein,
shall be delivered to CITY initially upon execution of the AGREEMENT and thereafter, within
thirty (30) immediately following each renewal thereof.
(c). If during the period which an insurance company is providing the coverage required
by this AGREEMENT, an insurance company shall:1) lose its Certificate of Authority, 2) no longer
comply with any applicable Florida Law, or 3) fail to maintain the Best Rating and Financial Size
Category, CITY shall, as soon as the USER has knowledge of any such circumstance, immediately
notify the CITY and immediately replace the insurance coverage provided by the insurance
company with a different insurance company meeting the requirements of this AGREEMENT.
Until such time as the Tenant has replaced the unacceptable insurer with an insurer acceptable to
CITY, the USER shall be deemed in default ofthis AGREEMENT.
(d). The maintenance of insurance coverage as provided herein shall not be construed to
limit nor have the effect of limiting USER's liability under the provision of any clause or paragraph
contained in this AGREEMENT. Nor shall it be considered, construed or act as a waiver of C ity's
sovereign immunity as provided by Florida Law.
5. USER'S OBLIGATIONS.
(a) USER shall return the EQUIPMENT in as good of a condition as when USER
accepted set up or delivery of the EQUIPMENT;
(b) USER shall utilize the EQUIPMENT in a safe, proper and business -like fashion and
meet any and all Florida State Statutes, regulations, local ordinances, policies and regulations of the
City of Clermont, County of Lake and the State of Florida;
(c) USER shall not dismantle, repair, adjust, destroy, deface, damage, impair or remove
any part of the EQUIPMENT or allow any other person to do so;
(d) USER shall pay all Federal, State and local sales taxes that may be applicable to the
payment received from CITY for services at the EQUIPMENT; and
(e) USER agrees to comply with all rules, regulations and procedures, whether written
or oral, as may be established by CITY with regard to the use of the EQUIPMENT;
2
6. DEFAULT. The failure of USER or CITY to conform and comply with any term, or
obligation imposed upon USER or CITY by this AGREEMENT, shall constitute a d efault of this
AGREEMENT. In the event of default, CITY or USER, withoutthe necessity of providing THE
OTHER SIDE with an opportunity to cure, may immediately terminate this AGREEMENT and
pursue any all legal remedies available to it at law or in equity. In the event that CITY or USER
prevails, A COMPENSATION shall be responsible for attorney fees and court costs, at all levels
including appeal.
7. CITY LIMITATION OF LIABILITY. The CITY shall not be responsible in any
manner for any loss, damage to any property of USER, or that of any invitee or assignee of USER
or injury to persons resulting, occurring on or about or related in any manner, either directly or
indirectly, with the EQUIPMENT or use thereof or by reason of any existing or future condition,
defect, matter, thing, action or inaction, or for the acts, omissions or negligence of other persons on
or related to the EQUIPMENT. In no event and under no circumstances related to any matter
contained herein or any act, action, inaction or omission of CITY, will CITY be responsible to
USER or any third party for any consequential damages, including, but not limited to any loss of
use, profits, or the like.
8. HOLD HARMLESS AND INDEMNIFICATION. USER agrees to indemnify, defend and
hold CITY harmless from any and all claims and liability for losses of or damage to the
EQUIPMENT or USER's property, or injuries to persons occurring in or about, or related to use of
the EQUIPMENT, whether actual or threatened, including attorneys fees at all levels including
appeal.
9. NOTICES. All notices shall be in writing and sent by United States mail, certified or
registered, with return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be d eemed given
when received by the party to whom it is intended.
USER: William Downs
Suncreek Brewery
790 W. Minneola Avenue
Clermont, FL 34711
CITY: City Manager
City of Clermont
685 West Montrose Street
Clermont, FL 34711
10. FORCE MAJEURE. With regard to the performance hereunder, CITY shall not be
deemed to be in default of this agreement, or have failed to comply with any term or conditions
herein if, for reasons beyond CITY reasonable control (including, without limitation, weather, fire,
natural disaster, labor unrest, war, declared or undeclared, Federal, State or Locally Declared State
of Emergency, if CITY, in its sole discretion, is not able to provide the EQUIPMENT hereunder. In
the event of such occurrence, CITY shall have no further obligation or liability to USER and any
payments or deposits previously paid by CITY hereunder shall be promptly refunded to USER,
and this Agreement shall thereafter be considered null and void.
11. ASSIGNABILITY. This AGREEMENT, or the right conveyed herein, is not assignable
in any manner by USER. CITY may, without USER's consent assign any and all rights and
entitlement contained herein.
16. AMENDMENT. This AGREEMENT shall not be amended unless in writing and
signed by both CITY and USER
17. WAIVER. No waiver of any breach, failure to enforce a term or covenant, of this
AGREEMENT by CITY shall be considered a waiver of any other subsequent breach. The failure
of CITY to insist upon compliance by USER with any obligation, or exercise any remedy, does not
waive the right to do so in the event of a continuing or subsequent breach.
18. CHOICE OF LAWNENUE. The laws of the State of Florida will govern this
AGREEMENT and the duties and obligations stated within the AGREEMENT. Any cause of
action to enforce the terms hereof shall be exclusively maintained in Lake County, Florida.
USER acknowledges having read, understood and agreed to these provisions and having accepted a
copy of this Agreement.
CITY OF CLERMONT, FLORIDA
BY:
SUSAN DAUDERIS, Interim City Manager
USER
BY:
lu I c c+A%1., l� c w�t.�s I SdticK�� tc
!I
DOWNBRE-01
.a► �20" CERTIFICATE OF LIABILITY INSURANCE 03/0212021 DAT D/YYYY)
2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Plastridge Insurance Agency
820 NE 6th Avenue
Delray Beach, FL 33483
INSURED
Downs Brewing LLC DBA Suncreek Brewery
790 West Minneola Ave
Units 3, 3b, 4 & 4b
Clermont, FL 34711
F:
COVERAGES CERTIFICATE NUMBER:
276-5221
Indemn
REVISION NUMBER:
1) 276-52"
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH
THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR
LTRA
POLICY NUMBER POLICY EFF POLICY EXP LIMITS
X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
S
1,000,000
DAMAGES t RENTED
700,000
CLAIMS MADE OCCUR
)(
PHPK2176852
09101l2020 09/01/2021
MED EXP (Any oneperson)
6,000
PERSONAL & ADV INJURY
$
1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$
2,000,000
PRODUCTS - COMP/OP AGG
ti
2,000,000
POLICY ❑ jpeT LOC
$
OTHER:
A
AUTOMOBILE LIABILITY
a@ accident)— COMBINED SINGLE LIMIT
$
1,000,000
BODILY INJURY Wer rson
S
ANY AUTO
PHPK2176852 09/01/2020
09/01/2021
BODILYBODILY INJURY Per accident
$
OWNED SCHEDULED
AUTOS ONLY AUTOS
X AUTOS ONLY X AUTOS ONLY
fge�acEadent AMAGE
S
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
HCLAIMS-MADE
AGGREGATE
EXCESS LIAR
DED I I RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECU I IVE ❑
FIC.tZMBE EXCLUDED?
andatory in N )
N / A
PER OTH-
STATUTE L9
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYE
$
E.L. DISEASE -POLICY LIMIT
If yes, describe under
DESCRIPTION OF OPERATIONS below
A Liquor Liability
PHPK2176862 09/01/2020 09/01/2021 Occurence
1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
City of Clermont is added as is added as an additional
insured but only with respect to liability arising out of operations of the named insured during
the event.Date(s): 03/12 & 03113
City of Clermont
685 W Montrose St
Clermont, FL 34711
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
01988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
CITY OF CLERMONT
PROGRAM I RENTAL
CORONAVIRUS/COVID-19 RISK ACKNOWLEDGMENT
INDEMNIFICATION I HOLD HARMLESS
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health
Organization. COVID-19 is extremely contagious and is believed to spread mainly from person -to -person contact.
This is a community exposure and the City of Clermont is taking reasonable preventative measures in order to reduce
the spread of COVID-19. However, the City of Clermont cannot and does not guarantee that the program/rental
participants, your family or yourself will not become infected with COVID-19.
By signing this Risk Acknowledgment Indemnification/Hold Harmless Form, I, _4t 116c lll"7
(hereinafter named "Organizer"), hereby acknowledge the contagious nature of COVID-19 and voluntarily assume the risk
that program/renta�articipants, my family, my team or myself may be exposed to and/or infected by COVID-19 by
participating in �2/ ,�4 rn-1" 2 b Z / . (hereinafter the "Program/Rental") and that such exposure or
infection may result in personal injury, illness, permanent disability and/or death. I understand the risk of becoming exposed
to and/or infected by COVID-19 while participating in and operating the Program/Rental on or near City of Clermont property
may result from the actions, omissions, or negligence of myself and others, including, but not limited to, City of Clermont
employees, volunteers and other participants. I the Organizer, voluntarily agree to assume all the foregoing risks and accept
sole responsibility for any injury, illness and/or death to any participant, my family or myself.
I consent and agree to comply with all preventative measures required by the City of Clermont and/or the League,
Program, or Rental including, but not limited to, social distancing and Maximum capacity rules. I understand that failure of the
Program/Rental to comply with any request from the City of Clermont or the Program/Rental in relation to any preventative
measures may result in the Program/Rental's expulsion from the City property and termination of any and all Agreements.
I hereby release, covenant not to sue, discharge, indemnify and hold harmless the City of Clermont, its elected
officials, officers, employees, representatives, agents, volunteers and assigns, of and from any and all claims, including all
liabilities, actions, damages costs or expenses of any kind arising out of or relating to any participation in and/or operations
of the Program.
I represent and warrant that I have carefully read and fully understand all of the provisions of this Risk
Acknowledgment Indemnification/Hold Harmless Form.
Program name (if applicable): ��S%
55-11
Organizer/Applicant Signature
W/Z c / wAs
Organizer/Applicant Printed Signature
(Leagues, pool rental groups, room rentals, program Instructor)
Date
Exhibit A
StageLine SL75 - City license plate XI4153 - City property decal #1134
5
HEAVY DUTY
HYDRAULIC ROOF LIFTING
Trailer levelled
fj with hydraulic '
stabilizers (optional)
Trailer sides and '
�J floor panels equipped
with gas springs. --
or
a Roof raised with -
hydraulic mast.
Install stairs,
guardrails and
add accessories.
FAST BEASY
SET UP IN ONLY 30 MINUTES
7
I-SPECIFIC4=
Floor 20' X 16'
16.1 x 4.9 rn)
Floor Panels 150 lb/ft'
(732 kglm')
Set-up* 2 x -
Wind resistance 115 MPH
(185 KM/H)
Roof Rigging 4,250 LB
(1,930 KGI
Sound Rigging 750 LB /side
(340 KG) /side
• $rayefnepra►►bres safe rs by
ha►mrg a minimum of twv awrke�s or, e+�ryjob site.
SOME FLOOR CONFIGURATIONS
TO SUIT YOUR NEEDS
SU i. TECHNICAL SPECIFICATIONS
txng6
Width
--eight
Dry Weight
g1wdm, i m iVeight
STAGE FLOOR
Lengt% and Depth
HeigElt
Design Live Load
Type of Sirfeae
Letngdh and Depth
Clearance (Inched roof)
I{dght (from ground)
Type of Surface
1 nD& Lifting Capacity
Roof Load Bearing Capacity
i Truss - Downstage Cie)
2 Front Overhang F-densions*
2 Side Overhang Rigging Bars
40 Riga ng points in the roof fox abeam clamps**
Site Preparation
Heavy Machiinery Required
made of Transportation
Gust Wind Resistance
Rigging Bars - Standard 2" (50 mm) Tubing
Bacwmp*
Vertical and Horizontal Benner Supports
Backdrop banner installation pipe
TOTAL ROOF LOAD
BEARING CAPACITY
4,250 LBS
1"930 K9
Oueta SMrUWG produce
*7*r "bttem pdicy, technic.
spedr=Ztti—s maydh m
nithmA notice
-optima
.. Set 69cmg plan fix mstrictims
750 u
l=Vj
27 8"
6A m
816,
2.6 m
IV3'
3.1 m
6,7i o lb
3,050 kg
13,750 lb
6,237 kg
20'x16' S1 x49m
3'2' 1,0m
150 lb; ft= 732 kg/m'
Piywvod on alunrn9urn
21'8"x1610"
&6x5.2m
11' to 9' S"
3-4 to 7-9 m
15,11
46m
Fiberglass moulded around auxninurn structure
2031b
91 kg
4;250lb
1,930 kg
5W lb
227 kg
125 lb at 24' each
57 kg at 0.6 m each
750 Ib at 24' each
340 kg at 0.6 m each
250 lbs each
113 kg each
Gone
None
1 d idr' -up tuck of hadi g vehicle
115 mph (185 km/h) without windwal Is
77 roph (123 km/h) witty windwalls
Provides higher overhead clearmrc*
Weatherproof - fire retardant vinyl or scxim
enstalled at stage level
Built in to install your backdrop at stage level
E
750 Le
[3181�1
I Port - a - Potties 1 Standard / 1 ADA
2 Beer Serving 10x10 Tent on property
3 Invited Vendors G Generator
Requested Path M4a
a t .e dell 7
6=-
F n 1 it f'0MPr.C.`.
Stop Stage 16 x 16 portable stage w/tent