Contract 2021-004AMCKINNEY PARK USE AGREEMENT
This Agreement is entered into this 28 day of January, 2021, by and between the City of
Clermont, a Florida municipal corporation existing under the laws of the State of Florida,
hereinafter "City" and Lindsay Fontana . hereinafter referred to as "User".
WITNESSET I
WHEREAS, City is owner of that certain property owned, used and maintained for public
park purposes and known, and referred to herein, as "McKinney Park"; and
WHEREAS, User has requested that City permit the construction and maintenance of a little
free library structure in and on McKinney Park; and
WHEREAS, it is in the best interest of the City and its citizens that a little free library
structure be permitted as provided herein.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
Section 1. Recitals. The above stated recitals are restated, agreed to and
incorporated herein.
Section 2. Use of McKinney Park. The City does hereby grant to User, the non-
exclusive right to construct a little free library structure in McKinney Park, in the area as more
particularly described and identified on Exhibit "A" attached hereto and incorporated herein and
hereinafter referred to as the "Permitted Area".
Section 2. Conditions of Use. The right granted herein is expressly and specifically
conditioned upon the following obligations of User:
a. The only structure authorized herein shall be a little free library constructed
and installed at the sole expense of User.
b. The structure shall be constructed and installed so that it can be moved in the
event that the City requires full and complete use of the Permitted Area. Any and all construction
shall be subject to the pre -approval of City and in accordance with applicable laws of the State of
Florida and ordinances and regulations of the City. In addition, to any and all rights related to the
permitting process, the City shall pre -approve the design of the structure to ensure compliance with
the conditions set forth herein and with the intentions of this agreement.
C. At anytime, if it is determined by the City, that the structure needs to be
moved to permit City full use of the Permitted Area, User shall be responsible for any and all costs
associated with the removal of the structure and any reinstallation or reconstruction thereof, if
permitted.
d. User shall at all times and at User's sole expense, maintain the little free
library structure in such condition that is consistent with the maintenance of McKinney Park. User,
further agrees that within fifteen (15) days of notice from City, user shall repair, correct or replace
any deficiency or damage in the free library structure as may be reasonably determined by City.
e. In the event that the City requires removal of the structure, the City shall
have the option to either request that User remove the structure within a reasonable time as
established by City, or cause the structure to be removed.
f. At all times material hereto, and in any and all manner associated with this
agreement or the use of the easement by City, User agrees to hold harmless and indemnify the City
from any and all damages, whether or not caused by the City, resulting from or related to the
construction of the structure on, or the use of, the Permitted Area.
Section 3. Termination. This agreement shall remain in effect unless terminated in
writing by City, by operation of law, of law or upon breach of the conditions by User. City may
terminate this agreement at anytime, without cause and upon thirty (30) days written notice to User
at the address above. Upon termination for any reason, User shall remove the little free library
structure as of the effective date of said termination.
IN WITNESS WHEREOF, the parties have executed this agreement as of the
dates set forth below.
ATTE T:
Tracy Ackroyd Howe, City Clerk
a d ao a i
Printed Name:
Date: f 2 8 z j
CITY OF CLERMONT
Susan Dauderis, Interim, City Manager
Date: