AGREEMENT REGARDING USE OF HOLT AVENUE YOUTH CENTER
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A G R E E MEN T
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THIS AGREEMENT made and entered into this
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1989. by and between the City of Clearwater.
Florida. a municipal corporation. hereinafter referred to as
"City". and the Ervin Harris All American Youth Club. Inc.. a
Florida non-profit corporation. hereinafter referred to as the
"Club".
WIT N E SSE T H:
WHEREAS. the City is a municipal corporation owning and
operating Holt Avenue Youth Center. hereinafter referred to as
the "Youth Center". located in the City of Clearwater at 1250
Holt Avenue. which is operated by the City as a game and
recreation activity center for all Clearwater residents; and
WHEREAS. the Club is a Clearwater-based organization
with established programs benefiting young people of Clearwater;
and
WHEREAS. the Club desires to use the Youth Center for
recreational and educational programs of the Club; and
WHEREAS. the Club desires to assist the City by
providing personnel and volunteers to assume the supervision and
operation of the game room activities at the Youth Center for all
Clearwater residents; and
WHEREAS. the City feels the Club can benefit the
community by operating special programs and by allowing the City
to increase its staff support in other aspects of the City's
Recreation Delivery System;
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:
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1. The term of this Agreement shall be for three (3)
years from the date hereof unless sooner terminated. and may be
extended upon the mutual agreement in writing of the parties.
Either party may terminate this Agreement by furnishing sixty
(60) days written notice of termination to the other.
2. The Club will assume supervision of all existing
recreation equipment and supplies located at the Youth Center and
will continue to offer recreational activities to all residents
of the community in a manner similar to those heretofore offered
by the City.
3. The Club will open the Youth Center to the public
at hours and days which are similar to those at other City
recreation facilities.
4. The Club will coordinate all aspects of the
building's usage through the City's Parks and Recreation
Department.
S. The Club agrees to pay all utility costs associated
with the Youth Center.
6. The Club will meet on a regularly scheduled basis
with the Parks and Recreation Department's designee for the
purpose of coordinating schedules. discussing maintenance and
care of equipment. securing and purchasing of supplies. and
similar matters.
7. The City agrees to provide for building maintenance
and landscape maintenance of the Youth Center against normal wear
and tear. and to provide monies for the purchase of operational
supplies up to the amount approved in the City's Operating
budget.
8. The Club will be responsible for any damage
resulting to the Youth Center from other than normal wear and
tear.
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9. The Club will be responsible for the daily
custodial maintenance of the facilities and shall keep them in a
clean and presentable state at all times.
will be provided by the City.
10. The Club. by November 1. will provide the City with
Custodial supplies
a statement of income and expenses of the Club during the term of
this Agreement.
11. The Club will submit to the Parks and Recreation
Department. on a monthly basis. daily attendance figures.
12. The Club. subject to the approval of the Parks and
Recreation Department. shall have the right to establish rules
and regulations governing the use of the Youth Center. and.
except for game room activities. to charge reasonable user fees.
Revenues may be retained by the Club.
13. The Club 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 indemnify the Club and the City from and
against 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 the Youth Center. and shall furnish to the City an
insurance certficate setting forth said coverage.
14. The Club agrees that under no circumstances will
alcoholic beverages or controlled substances be sold or offered
for sale by any person. or consumed or used by any person. at the
Youth Center.
15. The Club will also have access to the recreation
grounds located outside and adjacent to the Youth Center for its
programs and agrees to provide all supervision and leadership
necessary for the conduct of the Club's programs on such grounds.
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16. Neither this Agreement nor any rights hereunder
shall be assigned or transferred by the Club to anyone without
the prior written consent of the City.
17. The Club shall obtain at its expense all required
licenses and shall pay any taxes that may be required in the
Club's operation of the Youth Center.
18. The Club shall abide by the same City policies.
rules and regulations that are in force at other City recreation
facilities.
19. At all times during the term of this Agreement. the
Youth Center shall be subject to inspection by the City and its
officers. agents and employees. who shall have the right of entry
for such purpose.
20. The following notice is required to be given by
Florida Law.
RADON GAS: Radon is a naturally occurring radioactive
gas that. when is has accumulated in a building in sufficient
quantities. may present health risks to persons who are exposed
to it over time.
Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida.
Additional
information regarding radon and radon testing may be obtained
from Pinellas County Health Department.
21. This Agreement shall be binding upon the parties
hereto. their successors and assigns where permitted.
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IN WITNESS WHEREOF. the parties hereto have set their
hands and seals the date first above written.
Approved as to form and
Witnesses:
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CITY OF CLEARWATER. FLORIDA
By
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C i t Y Ma n age l' . _ ',:
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Attest:
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ERVIN HARRIS ALL AMERICAN
YOUTH CLUB ~
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Ex e cut i v e I.::.Di::f e t t~-o t-,-
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President. [//... ...-.--'7"
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