FRANK TACK PARK CONCESSION STAND
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AGREEMENT
THIS AGREEMENT made and entered into this
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, A. D. 1979, by and between the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred
to as "City", and CLEARWATER SLOW PITCH SOFTBALL ASSOCIATION,
a Florida non-profit corporation, whose address is PO Box 5374, Clearwater,
Florida 33518, hereinafter referred to as the "Association";
WITNESSET H:
WHEREAS, the City is a municipal corporation owning and operating
Frank Tack Park in the City of Clearwater which Park is used by the
Association during its season; and
WHEREAS, the Association is desirous of constructing a concession
stand attached to the existing structure at no cost to the City of. Clearwater
and in accordance with all building codes and regulations; and
WHEREAS, the Association is desirous of using said concession
stand located on the East side of the existing building at said Park during
the terms specified in this agreement and for its off- season storage;
NOW, THEREFORE, in consideration of the premises and of the
faithful performance by each of the parties of the covenants and agreements
between each other made, it is mutually agreed between the parties hereto
as follows:
1. After completion, the parties agree that the concession stand
structure shall become the property of the City of Clearwater. The parties
further agree that the Association shall have the right to sell concession goods
from said concession stand during all City or Association sponsored
softball activities; however, during National or Regional Softball Tournaments,
or during other recreation programs conducted at said Park, the Association
must have prior written consent and approval of the City. The City hereby
agrees that said consent and approval will not be unreasonably withheld.
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2. The Association shall at its expense be responsible for furnishing
all equipment, fixtures and related items us ed and required in the operation
of said concession stand by it and its repres entatives and agents. The
Association shall also at its expens e be responsible for the maintenance and
upkeep of said concession stand and shall be responsible for keeping the grounds
and other portions of Tack Park in a clean and orderly manner and free from
debris, papers and other material from any of the items sold or dispensed
from said concession stand.
3. All proceeds from the sale of concession goods will be directed
by the Association into softball related programs, equipment or facilities
that mutually benefit the Association and the City.
4. The Association agrees that under no circUIllstances will alcoholic
beverages be sold or offered for sale by the Association in the operation of
said concession stand.
5. It is mutually agreed that said provisions and the right to operate
the concession stand shall not be assigned or transferred by the Association
to anyone without the prior written consent and approval of the City.
6. The City will asswne all monthly utility charges necessary for
the operation of the concession stand.
7. This Agreement shall continue in force and effect for a period
of five (5) years from the date hereof unless sooner terminated as hereinafter
provided. This Agreement may be terminated or extended for a further
term upon the mutual consent and agreement in writing of the parties hereto.
The City has the right during the term of this Agreement to terminate the
same in the manner set out herein where anyone or more of the following
events occur. The events which could give rise to the termination of this
Agreement are as follows: Should the As sociation' s activities be found to
be in violation of any law, ordinance or health code, in the event the Association
violates any of the provisions contained in this Agreement, or if the City of
Clearwater needs the property for another public purpos e. In each cas e,
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except where the property is needed for another public purpose, the City
must give thirty (30) days written notice of the violation, and if this violation
is not cured within the thirty (30) day period, then the City may terminate
this Agreement. Where 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 of the
agreement for such reason, If the City furnishes notice of termination to the
Association, the Association shall have sixty (60) days from the date of said
written notice, at its expense, to remove its equipment from the City-owned
premises, Frank Tack Park; otherwise, said equipment shall become the
property of the City. If any damage is done to the City premises in the
removal of such equipment, the Association shall at its expense immediately
repair such damage.
8. The Association will be responsible for obtaining at its expense
all licenses required and furnishing all personnel required and the collection
and payment of any taxes required in the operation of said concession stand.
9. The City shall have the right through its agents to make reasonable
inspections of said facility and the operation thereof to see tla t it is being
conducted in a proper manner for the protection of the City under the terms
of this Agreement.
lO. This Agreement shall be binding upon the parties hereto, their
successors and assigns where permitted.
11. During the term of this Agreement the Association shall purchase
at its own expense and maintain in effect liability and property damage
insurance in an amount not less than $100,000/$300,000 and $25,000
covering personal injury and property damage, which will protect and
hold the City of Clearwater harmless from any and all actions or causes
of actions or claims of any nature or description whatever by any and
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all persons in the operation of said concession stand and to furnish to
the City an insurance certificate setting forth said coverage.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the date first above written.
as to form and
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Attes t:
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City Clerk
CLEARWATER SLOW PITCH SOFTBALL
ASSOCIATION
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By /<::e; -::---- _ ,
Preside /
Attest:
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