USE OF COUNTRYSIDE COMMUNITY PARK
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A G R E E MEN T
THIS AGREEMENT made and entered into this
j 7~ day of
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:1~~ 1987, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as
"City", and COUNTRYSIDE LITTLE LEAGUE, INC., a Florida non-profit
corporation, located in Clearwater, Florida, herein-
after referred to as the "League";
WIT N E SSE T H:
WHEREAS, the City owns and operates Countryside
Community Park in the City of Clearwater, which Park is used by
the League during its season; and
WHEREAS, the League desires to construct a press box,
concession and storage building immediately behind baseball
diamond Number 1 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
agreed as follows:
1. The League may construct, at its expense, a press
box, concession and storage building immediately behind baseball
diamond #1 at Countryside Community Park, 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
building shall become the property of the City.
The parties
further agree that the League shall have priority use of the
building during Little League season and for off-season storage.
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3. The League shall be responsible for the timely
payment of all contractors and subcontractors and other persons
working on the projectt 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
licensest permitst and qualifications to perform said work. The
City will pay for the necessary building permits; howevert the
Leaguet as contractort will be responsible to call the building
department for inspections.
5. During construction the League shall keep the
premises in a safet functionalt neatt and orderly conditiont 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 equipmentt fixtures and related items used and
required in the operation and use of the building by it and its
representatives and agents. The League shall also at its expense
be responsible for the maintenance and upkeep of any such
furnishings and shall be responsible for any and all maintenance
or replacement that may become necessary to the air conditioning
system to be located on the second floor in the press box area.
7. The City agrees to be responsiblet following the
completion of the buildingt for interior and exterior paintingt
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 responsible 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 Department.
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10. The City will assume all monthly utility charges
necessary for the operation of the building.
11. Both parties agree that the building will require
water and sewer service.
12. The League agrees that the City may use a portion
of the storage area and 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 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 League's activities be
found to be in violation of any law or ordinance; in the event
the League 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 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
Agreement, 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 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.
14. The City shall have the right through its agents to
make reasonable inspections of the premises and the operation
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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 League shall maintain a policy or policies of
insurance for such claims, with the City as an additional
insured, 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 League's liability shall then be limited
to the limits of said policy or policies.
Certificates of insur-
ance coverage evidencing the same shall be filed with the City.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seal the date first above written.
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counf:~l~ned:
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By
City
Attest: ~.~~.'.'.'''O' -'~.t:-;J:L.---~t
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Approved as to form and
correctness:
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City Attor y
COUNTRYSIDE 4ITIL~ LEAGUE, INC
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By /' \ 0J '~-(JJ"v
President
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