BOMBER STADIUM/CARPENTER FIELD
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A G R E E MEN T
THIS AGREEMENT, made and entered into this
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R~, 1986,
FLORIDA, a municipal corporation,
by and between the CITY OF CLEARWATER,
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, hereafter 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 15th 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 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 Bomber Stadium, Carpenter Field Complex,
C 1 e a rw ate r , F lor i d a .
However, if needed, other City owned
softball fields may be used.
2. The City shall maintain the grandstand, bleachers, press
box and restrooms at the Bomber 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 also
maintain the playing field in a proper fashion which will provide
a reasonably acceptable field for the playing of major level
softball.
The Boosters shall assist the City in keeping the
Stadium and all portions of the facility clean.
The Boosters
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will be responsible to open the Stadium, to provide any
maintenance tasks as required during games, and to close the
Stadium on each date the Clearwater Bombers are scheduled to use
the facility.
3. The City shall provide all necessary utility services in
connection with the utilization of the facilities of the Bomber
Stadium.
4. The City shall perform daytime maintenance tasks as
required, to prepare the field for night usage.
5. The Boosters will provide all necessary workers,
including but not limited to ticket takers, ticket sellers, and
scorekeepers, 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 Bomber Stadium, and have the use of the
facilities to be provided by the City hereunder. The Boosters
shall collect and pay all applicable Federal, State, County, and
Municipal taxes on said admissions and concession sales. The
Boosters shall obtain, at its expense, all licenses required and
shall pay personal property taxes and all other applicable taxes
required in the operation of Booster events.
The Boosters shall
keep an accurate record of all revenues and admissions, and shall
submit an accounting thereof to the City within thirty (30) days
after the end of the season.
The Boosters shall keep its records
available and open for inspection by the City at all reasonable
times.
7. The Boosters shall be responsible for the furnishing and
maintenance of the permanent concession stand, 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.
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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. This Agreement and all rights hereunder shall not be
assigned or otherwise transferred to any other person.
12. The Boosters agree to adhere to the following record-
keeping requirements:
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 receive 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 the City Manager.
13. This Agreement shall continue in force and effect for a
term of three (3) years from the date hereof unless sooner
terminated as hereinafter provided.
Either party may at any time terminate this Agree-
ment by furnishing sixty (60) days' written notice of
the termination thereof to the other. If the City
furnishes notice of termination to the Boosters, the
Boosters shall have sixty (60) days from the date of
said written notice at its expense to remove its equip-
ment from the Bomber Stadium premises, otherwise said
equipment shall become the property of the City. If
any damage is done to the City premises in the removal
of said equipment, the Boosters shall at its expense
immediately repair said damages.
If the Boosters serve
notice of termination of this Agreement prior to or at
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the expiration of the term, unless the parties mutually
agree to a further extension, the equipment shall
automatically become the property of the City.
14. This Agreement represents the entire agreement between
the parties relating to the Bomber Stadium.
15. IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first set out above.
CountE?rs/gned:
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Approved as to form & correctness:
City Atto
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As to Boosters
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