JACK RUSSELL STADIUM
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A G R E E MEN T
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THIS AGREEMENT, made and entered into this Ie day of
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A.D. 1981, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corpor-
ation, located in Pinellas County, Florida, hereinafter referred to as "City",
and the CLEARWATER BOMBER BOOSTERS INC., a non-profit organization and sponsor
of the Clearwater Bombers Fastpitch Softball Team, located in Clearwater, Florida,
hereinafter referred to as "Boosters";
WIT N E SSE T H:
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That for and in consideration of the monies to be paid hereunder, and in
consideration of the mutual covenants and promises herein contained, and in fur-
ther consideration of other good and valuable considerations, the parties hereto
mutually covenant and agree as follows:
1. The Boosters, by February 1st of each year, will submit for approval a
schedule of requested dates and times for the playing of all Bomber softball
games, tournaments and practices. The City's Parks and Recreation Department
will receive and review the aforementioned schedule and confirm in writing to
the Boosters an approved schedule. When possible, the Parks and Recreation
Department shall schedule all Clearwater Bomber softball games and practices
in Jack Russell Stadium, Clearwater, Florida. However, if needed, other City
owned softball fields may be used.
2. The City shall maintain the grandstand, bleachers, clubhouse and rest-
rooms in Jack Russell Stadium and shall keep same in a proper state of repair,
and shall hold the Boosters harmless from any liability arising out of negli-
gence on the part of the City in connection with such maintenance. The City
shall keep Jack Russell Stadium clean, and shall maintain the playing field in a
proper fashion which will provide a reasonably acceptable field for the playing
of major level softball.
3. The City shall provide all necessary utility services in connection
with utilization of the facilities of Jack Russell Stadium.
4. The City shall provide at least one employee to open the Stadium, to be
available to perform maintenance tasks as required, and to close the Stadium on
each date the Clearwater Bombers are scheduled to use the facility. The Boosters
will provide all other necessary workers including ticket takers, ticket sellers,
scorekeepers, etc., that are necessary for the conduct of all Clearwater Bomber
games. "
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5. The Boosters shall have the right to sell tickets, charge for admission,
and receive the revenue from admissions to Jack Russell Stadium, and have the use
of the facilities to be provided by the City hereunder. The Boosters shall pay
for all present and future Federal, State, County, and Municipal taxes on said
admissions where applicable. The Boosters shall keep an accurate record of all
revenues and admissions, and shall submit an accounting thereof to the City within
30 days after the end of each season. The Boosters shall keep its records avail-
able and open to inspection by the City at all reasonable times.
6. The Boosters shall have the right to sell advertising space on panels
located on the inside of the concrete, outfield fence at Jack Russell Stadium
and to receive all revenues from these sales. However, the City, through its
Parks and Recreation Department, reserves the right to approve each advertisement
as to content and color prior to installation. Further, the Boosters shall inform
the City's Parks and Recreation Department each year as to the amount charged for
each advertisement.
7. The Boosters shall have the right to sell seat cushions, programs, and
other novelty items which do not conflict with similar items that may be offered
for sale by the Stadium's concessionaire and retain all revenues from same.
8. The City reserves unto itself all concessions and sources of revenues
other than those granted to the Boosters.
9. The Boosters shall hold the City harmless from any liability arising
out of negligence on the part of the Boosters in connection with Booster or
Bomber softball team activities. In addition, the Boosters agree to provide
proof of insurance coverage in the amounts of $500,000 combined single limit
Bodily Injury and Property Damage per occurrence.
10. The Boosters will be responsible for obtaining, at its expense, all
licenses required and furnishing all personnel required and for the collection
and payment of personal property tax and all other taxes required in the oper-
ation of said events.
11. This Agreement shall not be assigned or otherwise transferred, or any
other party substituted without the prior consideration and approval of the City
Commission of the City of Clearwater.
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12. The term of this Agreement shall be for a period of one (1) year
commencing on February 19, 1981, and ending on February 18, 1982.
13. This Agreement supersedes and operates to cancel all prior agreements
and amendments thereto between the parties, and represents the entire agreement
between the parties relating to Jack Russell Stadium.
14. IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first set out above.
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or~ ommissioner
By
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Attest: .
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City Clerk
CLEARWATER BOMBER
WITNESSES:
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Af"to Boosters
By
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Attest:
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Secrafary
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