JACK RUSSELL STADIUM (2)
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A G R E E MEN T
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THIS AGREEMENT, made and entered into this
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A.D. 1982, by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, located in Pinellas County, Florida, hereinafter referred to as
.
lOCi ty", and the CLEARWATER BOMBER BOOSTERS INC., a non-profi t 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:
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 further 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
restrooms 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 negligence 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 Boosterslshall have the right to sell tiC1tts, 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 such season.
The Boosters shall keep its records available 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 operation 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.
12. The term of this Agreement shall be for a period of one (1) year
commencing on February 19, 1982, and ending on February 18, 1983.
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13. This Agreem1tt supersedes and operates to eanlel all prior
agreements and amendments thereto between the parties, and represents the
entire agreement between the parties relating to Jack Russell Stadium.
seals the day and year first set out above.
14. IN WITNESS WHEREOF, the parties hereto have set their hands and
WITNESSES :
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By
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City Clerk
CLEARWATER BOMBER BO;:;::: INC.
ByC'.t: .~" ~
Presiden
Attest:
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Seer tary
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