AGREEMENT
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A G R E E MEN T
THIS AGREEMENT made and entered into this 22nd day of
October
1987, by and between the CITY OF CLEARWATER,'}
FLORIDA, a municipal corporation, hereinafter referred to as
"City", and CLEARWATER SHUFFLEBOARD CLUB, a Florida non-profit
corporation, located in Clearwater, Florida, hereinafter referred
to as the "Club";
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WIT N E SSE T H:
WHEREAS, the City owns the Clearwater Shuffleboard
property ("Property") in the City of Clearwater, which Property
is used by the Club; and
WHEREAS, the Club desires to construct a roof canopy
over thirteen shuffleboard courts ("facility") in accordance with
all building codes and regulations, and to use the facility as
specified in this agreement;
NOW, THEREFORE, in consideration of the premises and of
the covenants and agreements between the parties, it is mutually
agreed as follows:
1. The Club may construct a roof canopy over thirteen
shuffleboard courts at the property, according to plans and spec-
ifications approved by the City, and upon completion of the
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facility shall have a license to use the facility according to'
the provisions of this Agreement and the Agreement between the
parties dated July 24, 1981, which shall continue in full force
and effect.
2. Following review and approval of construction plans
the City will forward a payment of $17,500 to the Club for the
roof canopy project.
The Club sha.ll repay the City $12,500 over
a five year period, interest free, in annual payments of $2,500
per year.
Payments shall be made on or before September 1 of
each year with the first payment being due on September 1, 1988,
and the final payment on September 1, 1992.
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3. The parties agree that, upon completion, the
facility shall become the property of the City. The parties
further agree that the Club shall have priority use of the
facility.
4. The Club shall be responsible for the timely pay-
ment 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.
5. The Club shall be responsible for making certain
that all persons who work on this project have the proper
licenses, permits, and qualifications to perform said work. The
City will pay for the necessary building permits; however, the
Club, as contractor, will be responsible to call the building
department for inspections.
6. During construction the Club shall keep the
premises in a safe, functional, neat, and orderly condition, and
shall keep the premises clean by placing all trash and debris in
suitable City containers available for pickup and collection by
the City.
7. The Club shall at its expense be responsible for
furnishing all equipment, fixtures and related items used and
required in the operation and use of the facility by it and its
representatives and agents.
8. The City agrees to be responsible, foll~wing the
completion of the facility, for interior and exterior painting,
and for repairs that may become necessary.
9. The Club agrees that under no circumstances will
alcoholic beverages be sold or consumed in the facility when
completed.
10. 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.
The City may terminate this
Agreement in the manner set out herein where anyone or more of
the following events OCcur: Should the Club's activities be
found to be in violation of any law or ordinance; in the event
the Club violates any of the provisions contained in this
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Agreement; or if the City needs the property for another public
purpose.
In any such case, except where the property is needed
for another public purpose, the City shall give thirty (30) days
written notice of the violation, and if the violation is not
cured within the thirty (30) day period, then this Agreement
shall be deemed terminated without further notice required 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 the termination of this Agree-
ment, the Club shall have thirty (30) days from the date of
termination, at its expense, to remove its equipment from the
premises; otherwise, the equipment shall become the property of
the City.
If any damage is done to the City premises in the
removal of such equipment, the League shall at its expense immed-
iately repair such damage.
11. The City shall have the right through its agents to
make reasonable inspections of the premises and the operation
thereof to see that it is being conducted in a proper manner
under the terms of this Agreement.
12. This Agreement shall not be assignable.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seal the date first above written.
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Approved as to form and
CO~S~
City Attorn y
Witnesses:
Attest:
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CLEARWATER SHUFFLEBOARD CLUB
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