BOMBER STADIUM/CARPENTER FIELD (2)
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A G R E E MEN T
THIS AGREEMENT t made and entered into this ~ ~
day of
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1989t by and between the CITY OF CLEARWATERt
FLORIDAt a municipal ~orporationt hereinafter referred to as
"City"t and the CLEARWATER BOMBER. BOOSTERS INC.t a non-profit
organization and sponsor of the Clearwater Bombers Fastpitch
Softball Teamt located in Clearwatert Floridat hereafter referred
to as "Boosters";
WIT N E SSE T H:
That for and in consideration of the mutual covenants and
promises herein containedt and in further consideration of other
good and valuable considerationst the parties hereto mutually
covenant and agree as follows:
1. The Boosterst by March 1st of each yeart will submit for
approval a schedule of requested dates and times for the playing
of all Bomber softball gamest 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.possiblet the Parks and Recreation Department
shall schedule all Clearwater Bomber softball games and practices
in the Bomber Stadiumt Carpenter Field Complext Clearwatert
Florida.
Howevert if neededt other City owned softball fields
may be used.
2. The City shall maintain the grandstandt bleacherst press
box and restrooms at the Bomber Stadium and shall keep same in a
proper state of repairt and shall hold the Boosters harmless from
any liability arising out of negligence on the part of the City
in connection w~th such maintenance.
The City shall also
maintain the playing field in a proper fashion wh.ich will provide
a reasonably acceptable field for the playing of major level
softball.
The Boosters shall assist the City in keeping the
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Stadium and all portions of the facility clean.
The Boosters
will be responsible to open the Stadiumt to provide any
maintenance tasks as required during gameSt 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
requiredt to prepare the field for night usage.
5. The Boosters will provide all necessary workerst
including but not limited to ticket takerst ticket sellerst and
scorekeeperst 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 ticketst charge for
admissiont and receive the revenue from admissions and
concessions at the Bomber Stadiumt and have the use of the
facilities to be provided by the City hereunder.
The Boosters
shall collect and pay all applicable Federalt Statet County, and
Municipal taxes on said admissions and concession sales. The
Boosters shall obtaint at its expenset 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 admissionst 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 standt at no cost to the
City.
8. The Boosters shall have the right to sell seat cushionst
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programs, and other novelty items.
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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 $500tOOO 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 bookst recordst documentst
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 five (5) 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 Boosterst 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 premisest otherwise said
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equipment shall become the property of the City. If
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any damage is done to the City premises in the removal
of said equipmentt the Boosters shall at its expense
immediately repair said damages.
If the Boosters serve
notice of termination of this Agreement prior to or at
the expiration of the termt unless the parties mutually
agree to a further extensiont 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.
Mayor-Commissioner
Rita Garvey
CITY
OF CLEARWATERt FLORIDA
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By
Ci ty Man~ge r
Ron H . Ra.bun .'
Approved a
correctness:
ATTEST:~.. -.--....-. ':~.-
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C1. t y - .G.1-tf ik " ---
Cyn1:!hip. E-. Goud~au_
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BOMBER -Bo6sTERS INC.
City Attorney
M. A. Galbraith, Jr.
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Secretary
As to Boosters
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