AGREEMENT RE CONSTRUCTION OF A CONCESSION STORAGE AND RES ROOM BUILDING AT EDDIE C. MOORE COMPLEX
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A G R E E MEN T
THIS AGREEMENT is made and entered into this
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. _', , l~',-by and between the CITY OF CLEARWATER, FLORIDA, a
munlcipal corporation (hereinafter, the "City"), and CLEARWATER CHARGERS SOCCER
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CLUB, INC., a Florida nonprofit corporation, whose address is 693 Orangewood
Drive, Dunedin, Florida 34698 (hereinafter, the "Chargersll).
WHEREAS, the City owns and operates the Eddie C. Moore Complex in the City
of Clearwater, Pinellas County, Florida (the IIComplexll), which is suitable for
use by the Chargers during its season; and
WHEREAS, the Chargers desire to construct a concession, storage and rest
room building (the IIBuildingll) at no cost to the City and in accordance with all
building codes and regulations, and to use the Building as specified herein;
NOW, THEREFORE, in consideration of the premises and of the covenants and
agreements between the parties, it is mutually agreed as follows:
1. The Chargers may construct, at its expense, the Building south of
the two competitive game fields on the Complex, in the area more fully described
on Exhibit "All attached to and made a part of this Agreement, according to the
plans and specifications approved by the City, at a cost not to exceed an amount
to be agreed upon at the time of approval of the plans and specifications, or
as may be agreed upon thereafter. Upon completion of the Building, the Chargers
shall have a license to use the Building for a term of ten (10) years, subject
and according to the provisions of this Agreement.
2. The parties agree that, upon completion, the Building shall become
the property of the City. The parties further agree that the Chargers shall have
priority use of the Building during soccer season and for off-season storage
during the term of this Agreement.
3. The Chargers shall be responsible for the timely payment of all
contractors and subcontractors and other persons working on the project, and
shall not allow any mechanic's lien to be placed on the property. All
construction costs shall be accounted for and reported to the City monthly during
construction and at the time of completion, and such construction costs shall
not exceed the amount agreed upon pursuant to Paragraph 1.
4. The Chargers shall be responsible for making certain that all persons
who work on the project have the proper licenses, permits and qualifications to
perform said work.
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5. The City shall waive the fee for the building permit; however, the
Chargers shall be responsible for securing the permit and for calling the
Building Department of the City for inspections. The City shall pay the water
tap-in fee for the water meter and shall waive development, water and sewer
impact fees for the construction of the Building and the connection of the
Building to City utilities.
6. The Chargers shall be responsible for the cost and installation of
electrical service to the Building and shall coordinate the installation with
the City's Electrical Division of the Traffic Engineering Department.
7. The City shall assume all monthly utility charges necessary for the
operation of the Building.
8. The parties agree that the Building will require water and sewer
service and that the Chargers shall pay all costs for the installation of
necessary water and sewer lines and appurtenances, including the construction
of a lift station for the sewer service and the connection thereof to the City's
system.
9. During construction the Chargers shall keep the premises in a safe,
functional, neat and orderly condition, and shall keep the premises clean by
removing all construction trash and debris and by storing all construction
materials in a secure and orderly manner. Following construction, the Chargers
shall keep the premises in a safe, functional, neat and orderly condition, and
shall place all trash and debris in suitable City containers for pickup and
collection by the City.
10. The Chargers shall at its expense furnish, maintain and replace as
necessary all equipment, supplies and fixtures necessary to the operation and
use of the Building by the Chargers, including but not limited to the air
conditioning system or systems to be located in the Building.
11. The City shall be responsible, following completion of the Building,
for interior and exterior painting and for necessary repairs to the physical
structure. The determination that painting or repairs are necessary shall be
in the sole discretion of the City and subject to the availability of funds for
such purposes; within those limitations, necessary painting and repairs shall
be performed within a reasonable time upon request by the Chargers.
12. The Chargers agree that no a 1 coho 1 i c beverages sha 11 be so 1 d or
consumed in the Building.
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13. This Agreement shall continue in force and effect for a term of ten
(10) years from the date hereof, unless sooner terminated as hereinafter
provided. The City may terminate this Agreement in the manner set out herein
where any of the following events occur: Should the Chargers activities be found
to be in violation of any law or ordinance; in the event the Chargers violate
any of the provisions contained in this Agreement; in the event the Chargers
dissolve or otherwise cease to be a corporation in good standing in the State
of Florida, or the control of the Chargers is in dispute such that the City is
in serious doubt as to who may act for the Chargers; or if the City needs the
property for another public purpose. In any such case, except where the property
is needed for another purpose, the City shall give thirty (3'0) days written
notice of the violation or other basis for termination, and if the violation or
other basis for termination is not cured within the thirty (30) day period, then
this Agreement shall be deemed terminated without further notice by the City.
If the City determines that the property is needed for another public purpose,
such determination shall become effective upon the City furnishing thirty (30)
days written notice of termination for such reason. Upon termination because
of need for another public purpose, the City shall reimburse the Chargers for
such portion of the total actual cost reasonably and necessarily incurred in the
construction of the Building as the ratio of the unexpired portion of the term
of this Agreement, as of the date of the notice of termination, bears to the
total ten-year term hereof. Upon termination for any reason, the Chargers shall
have thirty (30) days from the date of termination to remove at its expense its
equipment and supplies, but not the air conditioning system or systems or other
fixtures, from the premises; otherwise, the equipment and supplies shall become
the property of the City. If any damage is done to the City premises in the
removal of such equipment and supplies, the Chargers shall at its expense
immediately repair such damage or reimburse the City for such repair, at the
option of the City.
14. The City and its officers and employees shall have the right to
inspect the premises and the operation thereof at reasonable times to see that
it is being operated in a proper manner under the terms of this Agreement.
15. The Agreement shall not be assignable.
16. The Chargers agree to indemnify and save harmless the City from any
and all actions and claims for bodily injury or property damage arising from the
construction of the project. The Chargers shall maintain a policy or policies
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of insurance for such claims, with the City as an additional insured in an amount
not less than $500,000.00 per person or $1,000,000.00 for each accident and no
less than $20,000.00 for property damage and the Chargers liability shall then
be limited to the limits of said policy or policies. The policy shall be an lIall
risk typell including flood and sinkhole coverage. This policy shall be written
on a 100% replacement basis. Certificates of insurance coverage evidencing the
same shall be filed with the City Clerk of the City.
17. In the event that the Building is damaged or destroyed by fire,
windstorm or other casualty, this Agreement shall not terminate if the Chargers,
within 30 days after such damage or destruction, give the City written notice
of its intent to restore the Building, and thereafter promptly undertake and
diligently prosecute the restoration work to completion. Such restoration shall
be conducted on the same terms and conditions as the original construction of
the Building, except that the term of this Agreement shall not be extended unless
the parties shall otherwise agree in writing.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as
of the date first above written.
7!;fd:
CITY OF CLEARWATER, FLORIDA
a municipal corporation ('ICityll)
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Rontf~ R:ab~!l.~~. i.ty Manager
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Rita Garvey, Mayor-Commissi
By:
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correctness:
Attest:" -
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C~nth a r./...~o..ucr~~... .'~_--:..;:.'
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Witnesses:
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CLEARWATER CHARGERS SOCCER CLUB, I NC. ,
a Florida nonprofit corporation
(IICHARGERSII)
BY:~~~
/ H 1 Z'. eck
Presi ent
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As to the. ers' .:J
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Attest:
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DISK:AGREEMENTl
CHARGERS.AGT
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SEE PLANS IN FILE