EDDIE C. MOORE COMPLEX CONCESSION STAND
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A G R E E MEN T
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THIS AGREEMENT made and entered into on this +---
~~' , 1983 A. D., by and between the' CITY OF
day of
CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as
"City", and the CLEARWATER SLOW PITCH SOFTBALL ASSOCIATION, a
Florida non-profit corporation whose address is Post Office Box
5374, Clearwater, Florida 33518, hereafter referred to as
lIAssociation" i
WIT N E SSE T H:
WHEREAS, the City is a municipal corporation owning and
operating the Eddie C. Moore Recreation Complex in the City of
Clearwater; and
WHEREAS, the City operates a recreation program at E. C.
Moore Complex within certain financial and manpower constraints
through its Parks and Recreation Department; and
WHEREAS, the Association is a non-profit corporation with
duly established by-laws and represents all Clearwater adult
slow pitch softball interests; and
WHEREAS, the Association presently has an agreement with
the City to act as an advisory committee; and
WHEREAS, the Association has financial resources and volun-
teer manpower to offer additional opportunities for the develop-
ment of the E. C. Moore Complex; and
WHEREAS, the Association is desirous of assisting the City
in constructing a concession/restroom/storage building at the
E. C. Moore Complex in accordance with all city building codes
and regulations; and
WHEREAS, the Association is desirous of using said concession
stand during the terms specified in this Agreement;
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 two parties hereto as follows:
1. The Association shall have primary responsibility in
construction of the concession/storage/restroom building accor-
ding to plans and specifications approved by the City Manager
of the City of Clearwater.
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2. The City will provide water and sewer to the building
and will construct the concrete foundation and slab for the
building at City expense.
3. Construction can commence ten (10) days following
approval of the plans, specifications, and project schedule, and
must be then completed within two (2) years from the approval.
Prior to starting construction, a schedule for project construc-
tion and completion shall be submitted to and approved by the
City Manager. In the event that the Association is unable to
complete the building within the two (2) year period, or in the
event the Association needs assistance to complete the structure
within the (2) year period, the City may, as resources are avail-
able, render aid and assistance to the Association in completing
the building. It is the intention of both the City and the
Association to work in harmony towards the mutual goal of com-
pleting the building and improving the E. C. Moore Complex for
the mutual good of both the City and the Association.
4. The Association shall be responsible for all contractors
and subcontractors and individuals or groups of individuals work-
ing on the project and shall not allow any mechanic or material-
man's lien to be placed on the property.
5. The Association will be responsible for making certain
that individuals 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 Association,
as contractor, will be responsible to call the building depart-
ment for inspections.
6. During construction the Association shall keep said
premises in a safe, functional, neat, and orderly condition, and
to keep the premises free and clean of trash and debris by plac-
ing such trash and debris in suitable City containers available
for pickup and collection by the City.
7. The Association agrees that under no circumstances will
alcoholic beverages be consumed at the E. C. Moore Complex while
working on this project.
8.
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After completion of the building,
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the parties agree that
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the concession/restroom/storage facility shall become the property
of the City of Clearwater, who then shall be responsible for the
maintenance. The parties further agree that the Association shall
have the right to sell concession goods from said concession for all
association or City sponsored softball activities. Sponsors of all
non-softball related activities, shall have the right to provide their
own portable concessions with the approval of the City or utilize the
permanent concession facility with the approval of the City and the
Association.
9. This agreement may be terminated by either party with 60 days
written notice4
10. The Association agrees to indemnify ar.d save harmless the
City by reason of any mechanic's liens which may be asserted as a
claim against the said described premises as a result of improve-
ments made on said premises by the Association.
11. The Association agrees to indemnify and save harmless the
City from any and all actions and claims for bodily injury or prop-
erty damage of individuals who are on said described premises while
under construction. The Association shall maintain a policy or
policies of insurance for such claims in an amount not less than
$500,000.00 per person or $1,000,000.00 for each accident, and not
less than $20,000.00 for property damage, and the Association's
liability shall then be limited to the limits of said policy or
policies with the City being secondarily liable. Certificates of
insurance coverage evidencing the same shall be filed with the
City. In violation of any of the covenants, terms, and conditions of
this Agreement shall render this Agreement null and void at the
option of the agrieved party.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seal the date first above
Man"ger
Attes.t,:
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Ci ty Clerk
es:
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