CARPENTER FIELD STADIUM
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A G R E E MEN T
THIS AGREEMENT, made and entered into this
:.(
, day of
corporation,
A.D. 1985, by and between the CITY OF CLEARWATER, FLORIDA, a
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 NE 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 15th of each year, will submit for approval a
schedule of requested dates and times for the playing of all Bomber softball garnes,
tournaments and practices. The City's Parks and Recreation Department will re-
ceive 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 the Carpenter Field
Stadium, Clearwater, Florida. However, if needed, other City owned softball fields
may be used.
2. The City shall maintain the grandstand, bleachers, pressbox and restrooms
at the Carpenter Field 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. Also, the Boosters
shall assist the City in keeping the Stadium and all portions of the facility clean.
The Boosters will be responsible to open the Stadium, to provide any maintenance
tasks as required during garnes, and to close the Stadium on each date the Clearwater
Bombers are scheduled to use the facility. The City shall also 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
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utilization of the facilities of the Carpenter Field Stadium.
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4. The City shall perf6rm daytime maintenance tasks as required, to prepare
the field for night usage.
5. The Boosters will provide all necessary workers, including ticket takers,
ticket sellers, scorekeepers, etc., that are necessary for the conduct of all
Clearwater Bomber games.
6. The Boosters shall have full food and beverage concession rights and
the right to sell tickets, charge for admission, and receive the revenue from
admissions and concessions at the Carpenter Field 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 ad-
missions and concession sales 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 reason-
able times.
7. The Boosters shall be responsible for the furnishing and maintenance of
the concession stand, whether portable or permanent, at no cost to the City.
8. The Boosters shall have the right to sell seat cushions, programs, and
other novelty items.
9. The City reserves unto itself all sources of revenues other than those
granted to the Boosters.
10. 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.
11. The Boosters will be responsible for obtaining, at its expense, all
licenses required and furnishing all personnel required, and for the collections
and payment of personal property tax and all other taxes required in the operation
of said events.
12. 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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13. The Boosters agree to adhere to the following record-keeping require-
ments:
A. Maintenance of financial books, records, documents, and other
evidence of accounting procedures and practices which sufficiently
and properly reflect all direct costs associated with the public
services for which the Boosters received City revenue.
B. Submission of a final report which describes in detail the financial
transactions and the position of the Boosters.
C. All records will be made available to the Clearwater Internal Audit
staff for purposes of an audit upon request of Lessor.
D. Agreement that all boards or Booster meetings shall be in corrpli-
ance with provisions of the "Sunshine Law" and that all records
shall be accessible to the public in accordance with the Florida
Public Documents Law.
14. The term of this Agreement shall be from
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, 1985 to
September 15, 1985.
15. 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 the Carpenter Field Stadium.
16. IN WITNESS WHEREOF, the parties hereto have set their hands and seals
the day and year first set out above.
By
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ATTEST:
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Ci ty Clerk ~
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Approved as to form and
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citlttorney
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CLEAR>1ATE~STERS
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ATTEST:
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As to Boosters:
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P.O. Box 216 . ClearwQter Florida. 33517
12 January 1984
Betty Deptula
Budget Office
C-ity- IIa-l-l---,-.-
112 S. Osceola Ave.
Clearwater, FL 33516
Dear Betty:
It is my understanding, from a conversation with Virgil Rice,
President of the Clearwater Bomber Board of Directors, that
your department is the issuing office for the $10,000 allo-
cated by the City to the Bombers.
At your convenience, it is requested that you issue the
check to the City Recreation Bomber Fund. Please send the
check to:
Clearwater Bombers
P.O. Box 216
Clearwater, FL 33517
Thank you,
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Steve Samsel
Treasurer
Clearwater Bombers
530-0176
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