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AGREEMENT I I AGREEMENT .'+h..... THIS AGREEMENT made and entered into this g day of August, A.D. 1985, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City", and the Greenwood Panthers Culture & Sports Organization, a Florida non-profit corporation, whose address is P. O. Box 2384, Clearwater, Florida, 33517, hereinafter referred to as the "Organization"; WITNf<~SSETH: WHEREAS, the City is a municipal corporation owning and operating Phillip Jones Park in the City of Clearwater which Park is to be used by the Organization during its season; and WHEREAS, the Organization is desirous of constructing a press box and storage building in the vicinity of the mid-east boundary of the Park at no cost to the City of Clearwater and in accordance with all building codes and regulations; and WHEREAS, the Organization is desirous of using said press box and storage building at said Park during the terms specified in this agreement 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 mutally agreed between the parties hereto as follows: 1. The Organization shall have primary responsibility in construction of the press box/storage building according to plans and specifications approved by the City. 2. After completion, the parties agree that the press box/storage building shall become the property of the City of Clearwater. The parties further agree that the Organization shall have priority use of said press box/storage building during Youth Football season and for off-season storage. 3. The Organization shall be responsible for all contractors and subcontractors and individuals or groups of individuals working on the project and shall not allow any mechanic or materialman's lien to be placed on the property. ~~. ~7", ' " . ,.'c.',,' (, , '> /"/' /~ l" ~r" .~ ~,( !,C/ .", page 1 of 4 (i\ " , " \, -, f"" r I'\' '!Jj - :', -~ .,),' ~')'., i, ) c' I I 4. The Organization will be responsible for making certain that individuals 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 Organization) as contractor, will be responsible to call the building department for inspections. 5. During construction the Organization shall keep said premises in a safe) functional) neat) and orderly conditi6n) and to keep the premises free and clean of trash and debris by placing such trash and debris in suitable City containers available for pickup and collection by the City. 6. The Organization shall at its expense be responsible for furnishing all equipment) fixtures and related items used and required in the operation of said press bOK/storage building by it and its representatives and agents. The Organization shall also at its expense be respsonsible for the maintenance and upkeep of said furnishings and shall be responsible for any and all maintenance or replacement that may become necessary to the proposed air conditioning system to be located on the second floor. 7. The City will 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 Otganization agrees that under no circumstances will alcoholic beverages be consumed in the building when completed. 9. The Organization will be responsible for cost and installation of electrical service to the building and will coordinate same with City's Electrical Division. 10. The City will assume all monthly electric charges necessary for tHe operation of the building. ll~ Bdth parti~~ agree that the building will not require water or sewer service. page 2 of 4 -.J I I 12. Organization 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 period of five (5) years from the date hereof unless sooner terminated as hereinafter provided. This Agreement may be terminated or extended for a further term upon mutual consent and agreement in writing of the parties hereto. The City has the right during the term of this Agreement to terminate the same in the manner set out herein where anyone or more of the following events occur. The events which could give rise to the termination of this Agreement are as follows: Should the Organization's activities be found to be in violation of any law or ordinance, in the event the Organization violates any of the provisions contained in this Agreement, or if the City of Clearwter needs the property for another public purpose. In each case, except where the property is needed for another public purpose, the City must give thirty (30) days written notice of the violation, and if this violation is not cured within the thirty (30) day period, then the City may terminate this Agreement. Where 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 of the Agreement for such reason. If the City furnishes notice of termination to the Organization, the Organization shall have sixty (60) days from the date of said written notice, at its expense, to remove its equipment from the City-owned premises, Phillip Jones Park; otherwise, said equipment shall become the property of the City. If any damage is done to the City premises in the removal of such equipment, the Organization shall at its expense immediately repair such damage. 14. The city shali have the right through its agents to make reasonable inspectidns 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. page 3 of 4 f"T.''''*"''. '">>. """ .~ . ,. I I 15. this Agreement shall be binding upon the parties hereto, their successors and assigns where permitted. 16. The Organization agrees to indemnify and save harmless the City by reason of any mechanic's liens which may be asserted as a claim against the said described premises as a result of improvements made on said premises by the Organization. 17. The Organization agrees to indemnify and save harmless the City from any and all actions and claims for bodily injury or property damage of individuals who are on said described premises while under construction. Th e 0 r g ani z a t ion shall maintain a policy or policies of insurance for such claims in an amount not less then $500,000 per person or $1,000,000 for each accident, and not less than $20,000 for property damage and the Organization's liability shall then be limited to the limits of said policy or policies with the City being secondarily liable. Certificates of insurance coverage evidencing the same shall be filed with the City. In violation of any of the covenants, terms, and conditions of this Agreement shall render this Agreement null and void at the option of the agrieved party. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the date first above written. By Attest: ~~ ~ ~ G.: >~~A~~-- co r re c t ne s ~ ACTIN6>G:i_~_Y" Cte ~_1s-- -' Approved as to form and ~~ At torney I ACTING Ci ty 0)~~~/ GREENWOOD PANTHERS CULTURE & SPORTS ORGANIZATION By(7~,(_ p~~/ page 4 of 4 .J . '!i;i'i:~:'~':l",'~~'N~",~ ",-:l .< '. ~'..<J. ,':~"'",',;~_.~,, oi, ~;." 'h ~ .~'"