BOMBER STADIUM/CARPENTER FIELD COMPLEX
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A G R E E MEN T
~IS AGREEMENT, made and entered into this (Cl ~ day of
~t , 1993, by and between the CITY OF CLEARWATER, FLORIDA, a
municipal corporation, hereinafter referred to as "City", and
CLEARWATER BOMBERS, INC., a Florida Corporation not for profit,
whose address is 5790 Blossom Lake Drive, Seminole, FL 34642,
hereinafter referred to as "Club";
WIT N E SSE T H:
That for 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 Club, by March 1 of each year, shall 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 Club 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, Clearwater, Florida. 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 Club 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 for the playing of major level softball. The Club
shall assist the City in keeping the Stadium and all portions of
the facility clean. The Club 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 Club shall 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.
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6. The Club 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 Club shall collect and pay all applicable
Federal, state, County and Municipal taxes on said admissions and
concession sales. The Club shall obtain, at its expense, all
licenses required and shall pay personal property taxes and all
other applicable taxes required in the operation of Club events.
The Club 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 Club
shall keep its records available and open for inspection by the
City at all reasonable times.
7. The Club shall be responsible for the furnishing and
maintenance of the permanent concession stand at no cost to the
city.
8. The Club shall have the right to sell seat cushions,
programs and other novelty items at the Bomber Stadium.
9. The Club shall have the right to sell advertising sign
space, and to install the same on 4-foot by 8-foot signs to be
attached to the outfield chain link fence at the Bomber Stadium,
with the message on each sign to be viewable from the grandstand
and bleachers but not from off the premises. The Club shall be
responsible to have such signs professionally prepared and
maintained.
10. The City reserves unto itself all sources of revenue
other than those granted to the Club by this Agreement.
11. The Club shall hold the City harmless from any liability
arising out of negligence on the part of the Club in connection
with Club or Bomber softball team activities. In addition, the
Club agrees to provide proof of insurance coverage in the amounts
of $500,000 combined single limit Bodily Injury and Property Damage
per occurrence, with the City named as an additional insured.
12. This Agreement and all rights hereunder shall not be
assigned or otherwise transferred to any other person.
13. The Club shall 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 Club
receives City revenue.
b. SUbmission of an annual report, not later than December
31 each year, which describes in detail the financial
transactions and the position of the Club.
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All records shall be made available to the Clearwater
Internal Audi t staff for purposes of an audit upon
request of the City Manager.
14. This Agreement shall continue in force and effect for a
term of five (5) years from the date hereof unless sooner
terminated.
15. Either party may at any time terminate this Agreement by
furnishing sixty (60) days' written notice of termination to the
other party. If the City furnishes notice of termination to the
Club, the Club shall have sixty (60) days from the date of said
written notice at its expense to remove its equipment 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 Club shall at its expense
immediately repair said damages. If the Club serves notice of
termination of this Agreement prior to or at the expiration of the
term, unless the parties mutually agree to a further extension, the
equipment shall automatically become the property of the city.
16. This Agreement represents the entire agreement between
the parties relating to the Bomber Stadium.
IN WITNESS WHEREOF, the parties hereto have set their hands'
and seals the day and year first set out above written.
Rita Garvey
Mayor-Commissioner
By
Approved as to form & correctness:
Attest:
ia E. GQitdeau
Clerk
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Attest:
CLEARWATER BOMBERS, INC.
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ecretary/Treasurer
By
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Michael L. Moore
President
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