USE OF COUNTRYSIDE SPORTS COMPLEX
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A G R E E M E M T
;' ? L!!day of
THIS AGREEMENT made and entered into this ~
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1987, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as
"City", and COUNTRYSIDE JUNIOR COUGARS, INC., a Florida non-
,profit corporation, located at P. O. Box 7441, Clearwater,
Florida 33518, hereinafter referred to as the "League";
WIT N E SSE T H:
WHEREAS, the City owns and operates Countryside Sports
Complex in the City of Clearwater, which is used by the League
during its season; and
WHEREAS, the League desires to construct a press box
and storage building at no cost to the City and in accordance
with all building codes and regulations, and to use the press box
and storage building as specified in this Agreement;
NOW, THEREFORE, in consideration of the premises and of
the covenants and agreements between the parties, it is mutually
agfeed as follows:
1. The League may construct, at its expense, a press
box and storage build~ng at Countryside Spor~s Complex, according
to plans and specifications approved by the City, and upon
completion of the building shall have a license to use the
building according to the provisions of this Agreement.
2. The parties agree that, upon completion, the
~uilding shall become the property of the City.
Th e par tie s
further agree that the League shall have priority use of the
building during football season and for off-season storage.
3. The League shall be responsible for the timely
payment of all contractors and subcontractors and other persons
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working on the project, and all suppliers of materials for the
proj~ct and shall not allow any mechanic's lien to be placed on
the property.
4. The League 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
League, as contractor, will be responsible to call the Building
Department for inspections.
5. Upon commencemerit of construction, the work shall
be prosecuted diligently to completion, and shall not be left in
an incomplete condition for any unreasonable length of time,
except for delays caused by strikes, weather, or other reasons
outside the control of the League.
During construction the
League 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.
6. The League shall at its expense be responsible for
furnishing all equipment, fixtures and related items used and
required in the operation and use of the building by it and its
revresentatives and agents.
The League shall also at its expen_se
be responsible for the maintenance and upkeep of any such furn-
ishings and shall be responsible for any and all maintenance or
replacement that may become necessary to the air conditioning
systems to be located on the second and third floor in the press
box areas.
All fixtures shall become the property of the City,
upon the termination of the Agreement.
All equipment and other
personal property provided by the League shall remain the
7. The City agrees to be responsible, following the
property of the League.
completion of the building, for interior and exterior painting,
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and for repairs that may become necessary to the physical
structure.
8. The League agrees that under no circumstances will
alcoholic beverages be sold or consumed in the building when
completed.
9. The League will be ~esponsible for the cost and
installation of electrical service to the building and will
coordinate the installation with the City's Electrical Division
of the Traffic Engineering Departmentw
10. The City will assume all monthly utility charges
necessary for the operation of the building.
11. Both parties agree that the building will not
require water and sewer service.
12. The League agrees that other youth leagues may use
the press box for special tournaments after requesting and
receiving approval from the City.
13. This Agreement shall continue in force and effect
for a term of five (5) years from the date hereof, unless sooner
terminated as herei~after provided.
The City may terminate this
Agreement in the manner set out herein where anyone or more of
the following events occur:
Should the League's activities be
foJ~d to be in violation of any law or ordinance; in the event
the League violates any of the provisions contained in this
Agre~ment; 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 ~uch reason.
Upon the termination of this Agree-
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ment, the League 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
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.
14. The City shall have the right through its agents to
make reasonable inspec~ions of the premises and the operation
thereof to see that it is being conducted in a proper manner
under the terms of this Agreement.
15. This Agreement shall not be assignable.
16. The League agrees to furnish a performance and
payment bond for the project in order to save harmless the City
from and against the claims of laborers and materialmen for
mechanic's liens which may be asserted against the premises as a
result of the project.
17. The League agrees 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 or
from the operation of the facility, except from the City's own
negligence.
The Le'ague shall maintain a policy or policies of
in~~ra~ce for such claims, with the City as an additional in-
sured, in an amount not less that $500,000 per person or
$1,000,000 for each accident, and not less than $20,000 for prop-
erty damage, and the League's liability shall then be limited to
the limits of said policy or policies.
Certificates of insurance
coverage evidencing the same shall be filed with the City.
IN WITNESS WHEREOF, the parties hereto have set their
bonds and seal the date first above written.
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Approved as to form and
correctness:
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Witnesses:
(lL~(>4/
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By
CITY
Attest: CA~>~~/il~1~
Cl:_ty :el e-:r.k _-_=
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COUNTRYSIDE JUNIOR
COUGAlt_:L---'INC.
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BY-l~ r:
resident
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