LICENSE AGREEMENT FOR USE OF CONCESSION BUILDING ON CARPENTER FIELD...
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L ICE N S E
A G R E E MEN T
THIS LICENSE AGREEMENT
day OfJ~, 1988,
FLORIDA, a municipal corporation,
is
i'JTH
made and entered into this ;?7
by and between the CITY OF CLEARWATER,
hereinafter referred to as
"City", and CLEARWATER FOR YOUTH, INC., a Florida non-profit
corporation, whose address is 2037 Gulf-to-Bay Blvd., Suite 0,
Clearwater, Florida 33575, hereinafter referred to as "CFY".
WIT N E SSE T H:
WHEREAS, the City is a municipal corporation owning and
operating Carpenter Field in the City of Clearwater, which field
is suitable for use by CFY during its Upper Pinellas County
Winter Instructional League season; and
WHEREAS, CFY is desirous of using a concession building
located on the North side of the Clubhouse at said Field during
its Winter Instructional season 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 as follows:
1. CFY shall have the license to use a concession
building on the North side of the Clubhouse at Carpenter Field
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during its Winter Instructional season and may during the
remaining months use said concession building for its off-season
storage.
It is specifically understood and agreed that CFY shall
not have the right to use said concession facility for any
activity or function at Carpenter Field other than its Winter
Ins t r u c t ion alL e a g u e g am e ~/ wit h 0 u t fir s t 0 b t a i n in g p r i 0 r w r i t ten
consent and approval of the City.
2. CFY shall at its expense furnish all equipment,
fixtures and related items used and required in the operation of
the concession stand by it and its representatives and agents.
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CFY shall also at its expense be responsible for the maintenance
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and upkeep of the concession stand and shall cooperate with.City
groundskeepers in keeping the grounds and other portions of
Carpenter Field in a clean and orderly manner and free from any
debris, papers and other material from any of the items sold or
dispensed from said concession stand.
3. CFY shall purchase at its own expense and maintain
in effect throughout the term of this Agreement a policy of
insurance in an amount not less than $500,000 combined single
limit Bodily Injury and Property Damage per occurrence, 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 all persons in the operation of
said Winter Instructional League and the use of the concession
building, and shall furnish to the City an insurance certificate
setting forth said coverage.
4. CFY agrees that under no circumstances will
alcoholic beverages be sold or offered for sale by the Winter
Instructional League in the operation of the concession building.
5. Neither this Agreement nor any rights hereunder,
including but not limited to the right to operate the concession
stand, shall be assigned or transferred by CFY to anyone without
the prior written consent of the City.
6. The term of this Agreement shall be for two (2)
years beginning December 1, 1988, unless sooner terminated, and
may be extended upon the mutual consent and agreement in writing
of the parties. Either party may terminate this Agreement by
furnishing sixty (60) days' written notice of termination to the
other.
If the City furnishes notice of termination to CFY, CFY
shall have sixty (60) days from the date of said notice to remove
at its expense its equipm~nt from the premises; otherwise, said
equipment shall become the property of the City.
If any damage
is done to the City premises in the removal of said equipment,
CFY shall at its expense immediately repair said damages.
If CFY
serves notice of termination to the City, the equipment of CFY on
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the premises shall revert to and become the property of the City.
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7. CFY shall obtain at its expense all required
licenses, shall furnish all required personnel and shall collect
and pay any taxes required in the operation of the concession
stand.
8. The City shall have the right through its agents to
make reasonable inspections of said facility and the operation
thereof to see that it is being conducted in a proper manner for
the protection of the City under the terms of this Agreement.
9. CFY shall furnish "Hollywood type" bases on demand,
but not to exceed two sets per year.
These bases shall at all
times be deemed to be the property of the City.
10. The City shall have the right to make rules and
regulations for the use of this facility, and CFY shall abide by
said rules and regulations and acquaint all of its members with
said rules.
The City shall have the right to expel from this
facility any Winter Instructional League member violating such
rules and regulations, and CFY shall be expected to help in such
enforcement.
11. This Agreement shall be binding upon the parties
hereto, and their successors and assigns where permitted.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the date first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
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By4~ 4J
City Manager
Approved as to form & correctness
Attest:
City Attor
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Witnesses:
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CLEARWATER FOR YOUTH, INC.
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By
Attest
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