III (C) Acceptance and Authorization for Mayor and City Clerk to execute Lions Club Agreement - Central Florida Fair AGENDA 2-7-95
Item III C
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE"
OCOee S.SCOTT VANDERt;Rlri
0� COMMISSIONERS
ii # a CITY OF OCOEE RUSTY JOHNSON
PAUL W.FOSTER
v O 150 N.LAKESHORE DRIVE SCOTT A.GLASS
l►� V OCOEE,FLORIDA 34761-2258 JIM GLEASON
'l , ��� (407)656-2322 CITY MANAGER
4#4# Of GOON` ELLIS SHAPIRO
MEMORANDUM
TO: The Honorable Mayor and Board of City Commissioners
FROM: Ellis Shapiro, City Manager
DATE: January 30, 1995
RE: LIONS CLUB AGREEMENT - CENTRAL FLORIDA FAIR
Several weeks ago, we met with members of the Lions Club regard the future participation
by the City in funding this year's all-community booth at the Central Florida Fair.
As a result of the meeting, it was determined by both parties that a contract between the
City and the Lions Club was appropriate for future funding of this project.
Attached is a copy of an agreement that has been approved by our City Attorney and by the
Lions Club as well.
It is requested that you approve this agreement so that budgeted funds can be dispersed in
a timely manner.
Respectfully Sub. itted,
ES3:fdg:25 v �
Attachment I!'
O1.'25:95 17:16 $407 615 1743 FOLEY & L.1RDNER CEJ 003/OO9
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AGREEMENT
TmS AG (the "Agreement")is made and entered into this day
of February, 1995 by and between the CITY OF OCOEE, a Florida municipal corporation,
whose mailing address is 150 North Lakeshore Drive, Ocoee, Florida 34761 (the "City"), and
the OCOEE LIONS CLUB, INC., a Florida not-for-profit corporation, whose mailing address
is 108 Taylor Street, Ocoee, Florida 34761 (the "Club").
WITNE55,ETH:
WHEREAS, the Club, on behalf of the City, desires to construct, operate and
maintain an all-community booth (the "Booth") on an annual basis at the Central Florida Fair
held in Orlando, Florida (the "Fair");
WHEREAS, the City desires to retain the services of the Club in connection with
the construction, operation and maintenance of the Booth at the Fair, subject to the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises and agreements
set forth herein, and other good and valuable consideration the receipt of which is hereby
acknowledged, and intending to be legally bound hereby, the parties hereto do hereby agree as
follows:
ARTICLE 1. Recitals.
1.1 The recitals set forth above are true and correct and by this reference are
incorporated herein as part of this Agreement.
ARTICLE 2. Services By Club.
2.1 The Club agrees to construct, operate and maintain the Booth on behalf
of the City at the Fair on an annual basis. The Booth shall be constructed, operated and
maintained consistent with the established high level of booths previously constructed, operated
and maintained by the Club at the Fair and otherwise in accordance with any rules and
regulations imposed by the organizers of the Fair from time to time and all applicable laws. The
Booth shall contain exhibits of various subject matters which may include education, history,
agriculture, ecology, and community improvement or such other subject matters deemed
appropriate. The Booth shall be operated and staffed by the Club for the duration of the Fair
during the hours of operation of the Fair.
ARTICLE 3. Service Fee.
3.1 In consideration of the Club constructing, operating and maintaining the
Booth as set forth herein, the City agrees to provide the Club with an amoral service fee of
THREE THOUSAND AND 00/100 DOLLARS ($3,000.00) (the "Service Fee"). The Service
Pee shall be paid by the City to the Club on or before February 1st of each year; provided,
O1:25:95 17:16 I'407 643 1743 FOLEY & LARDER Qii0.3:OO9
however, that for the year 1995 the payment of the Service Fee shall be made on or before
February 15, 1995.
ARTICLE 4. Termination.
4.1 This Agreement shall continue oa a year-to-year basis unless terminated
as follows. Either party may terminate this Agreement by Notice (as defined below) on or
before October 1st of the year prior to the next successive Fair.
ARTICLE 5. No Agency. • -
5.1 Neither the provisions contained herein nor any of the services to be
performed by the Club hereunder shall be construed as to deem the Club as an agent of the City
or create an agency relationship of any kind whatsoever between the Club and the City.
ARTICLE 6. Notices.
6.1 All notices provided for herein (each, a "Notice") may be delivered in
person or may be mailed in the United States marl by certified mail, return receipt requested,
to the addresses for each party as set forth above.
ARTICLE 7. Modification.
7.1 This Agreement may not be modified or amended, or any term or
provision hereof waived or discharged except in writing signed by the Club and the City, or
their respective successors and assigns.
ARTICLE 8. Governing Law.
8.1 This Agreement shall be construed and enforced in accordance with, and
governed by the laws of the State of Florida.
ARTICLE 9. Successors and Assigns.
9.1 All the terms of this Agreement, whether so expressed or not, shall be
binding upon their respective successors, assigns and legal representatives of the parties hereto
and shall inure to the benefit of and be enforceable by the parties hereto and their respective
successors, assigns.and legal representatives.
ARTICLE 10. Headin;s.
10.1 The headings of this Agreement are for purposes of reference only and
shall not otherwise limit or affect the meaning hereof.
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01:25:93 17:17 /2407 613 1743 FOLEY & LARDNER bona;on9
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
have caused this Agreement to be executed as of the day and year first above written.
"CITY" "CLUB"
CITY OF OCOEE, a Florida municipal OCOEE LIONS CLUB, INC., a Florida
corporation not-for profit corporation
By: c�---
S. SCOTT VANDERGRIFT, Mayor Name: 27,Xc EV &5
Title: lircfipf/)7
Attest
JEAN GRAFTON, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA COMMUSSION AT A MEETING HELD
APPROVED AS TO FORM AND ON , 1995, UNDER
LEGALITY THIS DAY OF AGENDA ITEM
1995.
FOLEY & LARDNER
By:
City Attorney
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