CONSTRUCT SHUFFLEBOARD HALL OF FAME BUILDING
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between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City," and
AGREEMENT
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TIllS AGREEMENT made and entered into this ;)Ji , day of
, 1998, by and
CLEARWATER SHUFFLEBOARD CLUB, a Florida non-profit corporation, located in Clearwater, Florida,
hereinafter referred to as the "Club";
WITNE S SETH:
WHEREAS, the City owns the Clearwater Shuffleboard property ("Property") located North of Calumet
Street and East of Alternate 19, which Property is used by the Club, and described as follows:
(Legal Description)
Lots 21-64 inclusive, Block A, all of Block B, all of Block C, Vacated Apache Trail,
and Vacated Laguna Street, Navajo Park Subdivision as recorded in Plat Book 7,
Page 31 of the Public Records of Pin ell as County, Florida, and the upland portion of
Lot 4, of J. B. Tenney Subdivision as recorded in Hillsborough Deeds S, Page 96 of
the Public Records of Hills borough County, of which Pinellas was once a part.
Less and except any submerged land.
WHEREAS, the Club desires to construct a Shuffleboard Hall-of-Fame building in accordance with all
building codes and regulations, and to use the facility as specified in this agreement;
NOW, TIffiREFORE, The Parties Hereto Do Mutually Agree As Follows:
1. The Club may construct a Shuffleboard Hall-of-Fame building on the Property, according to plans
and specifications approved by the City, and upon completion of the facility shall have a license to use the facility
according to the provisions of this Agreement.
2. The Club shall be responsible for all costs associated with the construction, and may solicit funding
support from the United States National Shuffleboard Association and the International Shuffleboard Association.
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, as determined by City.
4. The Club shall be responsible for the timely payment of all contractors and subcontractors and other
persons working on the project, and shall not allow any 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 perfonn said work. The City shall be responsible for the necessaty
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building permits; however, the Club will pull the permits and will be responsible for calling the Central Permitting
Department for inspections.
6. During construction the Club shall keep the premises in a safe, functional, neat, and orderly
condition, and keep the premises clean by placing all trash and debris in suitable City containers.
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, following the completion of the facility, for exterior painting, and
for repairs to the physical structure that may become necesscuy.
9. The City agrees to pay all utility costs, excluding telephone and other operating and capital costs, as
deemed appropriate by the Club and the Parks and Recreation Department.
10. The Club, subject to the approval of the Parks and Recreation Department, shall have the right to
establish rules and regulations governing the use of the facility.
11. The Club agrees that no alcoholic beverages will be sold or consumed in the facility.
12. The Club agrees to furnish a performance and payment bond for the project, to protect the City from
any liens placed against the property.
13. The Club agrees to obtain liability and property damage insurance covering the term of construction,
and to keep in force during the term of this Agreement, a similar insurance policy covering existing and new
facilities on the property, for all activities and tournaments sponsored by the Club. The policy shall have minimum
limits of $500,000 combined single limit Bodily Injury and Property Damage per occurrence, and name the City as
additional insured. A copy of said policy shall be furnished to the City of Clearwater Risk Manager upon request.
14. This Agreement shall continue in force and effect for a term offive (5) years from the date hereof,
and thereafter, shall be automatically renewable annually, unless written notice oftermination is given by either
party at least thirty (30) days prior to the expiration of the original five (5) year term. or any extension thereof.
During the term of the Agreement, the City may terminate this Agreement in the manner set out herein where any
one 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 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
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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. Upon the termination of
this Agreement, the Club shall have thirty (30) days from the date oftermination, 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 immediately repair
such damage.
15. 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.
16. This Agreement shall not be assignable.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date first above written.
:ITYf crnARW A~ ruJRIDA
Michael Roberto
City Manager
Approved as to fonn
and legal sufficiency:
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Pamela K. Akin
City Attorney
Attest:
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Cyn 'a E, ~u ---...
City lerk '
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As to City
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President
Attest:
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As 0 S Ufileboard CI ' ,
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S cretary
ParlcslAgreemen1sIShuftleboard Hall of Fame AgIeement
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