CONSTRUCT EQUIPMENT STORAGE UMPIRE & PITCHING MACHINE BUILDING
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AGREEMENT
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THIS AGREEMENT is made and entered into this I~ day of
~'L"u.\ , 1997 by and between the City of
Cle~water, ~ municipal corporation, hereinafter referred to as
CITY, and Countryside Little League, Inc. , a Florida non-profit
corporation, located in Clearwater, Florida, hereinafter referred
to as LEAGUE.
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 an equipment storage,
umpire and pitching machine building (see Exhibit "A") to be
located within the south twenty feet of the existing fenced batting
cages adjacent to field number five, at no cost to the CITY and in
accordance with all building codes, regulations and performance
bond requirements, and to use the 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, an equipment
storage, umpire and pitching machine building to be located within
the south twenty feet of the existing fenced batting cages adjacent
to field number five 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 project, 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 pull the permit and call the
building department for inspections.
5. 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
representatives and agents. The LEAGUE shall also at its expense
be responsible for the maintenance, upkeep and replacement of any
such furnishings.
7. The LEAGUE agrees to be responsible, following the
completion of the building, for interior and exterior painting, 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 within the building. The City's
Electrical Section of the Parks and Recreation Department will
provide power to the building and coordinate installation with the
LEAGUE.
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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 not require
water or sewer service.
12. This Agreement shall continue in force and effect for a
term of one (1) year 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.
13. 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.
14. This Agreement shall not be assignable.
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15. The LEAGUE agrees, if required, 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.
16. 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 proj ect 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
limi ts 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 hands
and seal the date first above written.
CITY OF CLEARWATER, FLORIDA
By:
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Eliz eth M. Deptula
City Manager
Rita Garvey
Mayor-City Commissioner
Approved as to form
and legal sufficiency:
Attest:
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John C. Carassas
Assistant City Attorney
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hia E. Goudeau
Clerk
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Witnesses:
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H:\DATA\WPFILES\MGOHEEN\AGHT\ADOPTPK.DOC
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COUNTRYSIDE LITTLE LEAGUE, INC.
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By
Rob Rossi
President
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PROPERTY APPRAISER
JIM SMITH, CFA
pn BOX 1957
CLEARWATER, FLORIDA 34617-1957
OFFICE PHONE: 813 464-3207 . HEARING IMPAIRED: 813 464-3370. FAX: 813 464-3448
December 17, 1993
The Honorable Rita Garvey
Mayor, City of Clearwater
POBox 4748
Clearwater, FL 34618-4748
RE: City Owned Leaseholds
Dear Mayor Garvey:
We are now turning our attention to the 1994 property value roll,
and again need to work with you concerning city leasehold
property.
Although there is proposed legislation which may solve the
problem for 1995 by broadening the exemption definition, 1994
leaseholds must be reviewed. Specifically, we will be evaluating
all publicly owned stadium facilities in light of two recent
Second District Court of Appeals decisions concerning the exempt
status of other similar properties.
Please provide a copy of the leases for Jack Russell Stadium to
Marilyn Daly, Director of Institutional Exemptions, as soon as
possible.
for your cooperation.
J m Smith, CFA
roperty Appraiser
cc: Dan Diegnan
RECl::.lVED
OEC27 1993
CITY CLERK DEPT.
Appraiser's Responsibility - By state law, it is the responsibility of the Appraiser to locate, identify, and appraise, (at current market value), all property subject
to ad valorem taxes, maintain property value roll equity and process allowable exemptions" The Appraiser has no jurisdiction or responsibility for district budgets,
tax rates, special assessments or amount of taxes pakt These matters are handled by the various taxing authorities performing services, such as the County
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