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AGREEMENT (2) 1 -' '!' ~ , I .~ AGREEMENT THIS AGREEMENT made and entered into this~ day of August, 1989, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as IICityll, and the Greenwood Panthers Culture & Sports Organization, Inc. a Florida non-profit corporation, whose address is P.O. Box 1541, Clearwater, Florida, 34617, hereinafter referred to as the 1I0rganizationll; WITNESSETH: WHEREAS, the City owns and operates Phillip Jones Park (IIPark") in the City of Clearwater, which is used by the Organization during its season; and WHEREAS, the Organization has constructed a press box/storage building at the Park in accordance with an Agreement previously entered into between the parties on August 8, 1985; and WHEREAS, the Organization now desires to construct a concession building at no cost to the City and in accordance with all building codes and regulations, and to use the concession building and the press box/storage building (IIBuildingsll) 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 f 011 ows : 1. The Organization may construct at its expense, a concession building at Phillip Jones Park, according to plans and specifications approved by the City, and upon completion of the concession building shall have a license to use the Buildings according to the provisions of this Agreement. 2. The parties agree that the Buildings are the property of the City. The parties further agree that the Organization shall have priority use of the Buildings during Youth Football season and for off-season storage. 3. The Organization shall be responsible for the timely payment of all contractors and subcontractors and other persons working on the concession building, and all suppliers of materials, and shall not (!,C',OpCL,(d_) ~1'!.d;' " rr!;; t~/fi' i Page 1 of 5 I"') f, ...-,. '''\- I?, Ur ! ",. \ i/) \, "'~ 'J- ,."",,~ c:L -, I I 5. Upon commencement of construction, the work shall be prosecuted dilig~ntly to completion, and shall not be left in an incomplete condition for any unreasonable length of time, except for delays caused by strikes, weather or other reasons outside the control of the Organization. During construction, the Organization 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 Organization shall at its expense be responsible for furnishing all equipment, fixtures and related items used and required in the operation and use of the Buildings by it and its representatives and agents. The Organization shall also at its expense be responsible for the maintenance, repair and replacement of any such furnishings, including but not limited to any air conditioning systems that may be installed. All fixtures shall become the property of the City upon the termination of this Agreement. All equipment and other personal property provided by the Organization shall remain the property of the Organization. 7. The City agrees to be responsible, following the completion of the concession building, for interior and exterior painting, and for repairs that may become necessary to the physical structures. 8. The Organization agrees that under no circumstances will alcoholic beverages be sold or consumed in the Buildings when completed. 9. The Organization shall be responsible for the cost and installation of electrical service to the Buildings and shall coordinate Page 2 of 5 , 1 I the installation with the City's Electrical Division of the Traffic Engineering Department. 10. The City shall pay all monthly utility charges necessary for the operation of the Buildings. 11. Both parties agree that the concession building, but not the press box/storage building, will require water and sewer service. 12. The Organization agrees that other youth leagues may use the Buildings 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, or unless construction of the concession building has not commenced by August 8, 1990, in which case this Agreement shall terminate on that date. The City may terminate this Agreement in the manner set out herein where anyone of more of the following events occur: Should the Organization's activities be found to be in violation of any law or ordinance; the Organization violates any of the provisions contained in this Agreement; in the event the Organization is dissolved or otherwise ceases to be a corporation in good standing in the State of Florida, or the control of the Organization is in dispute such that the City is in serious doubt as to who may act for the Organization; 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 this violation is not cured within the thirty (30) day period, then this Agreement shall be deemed terminated without further notice from 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 Organization 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 Organization shall at its expense immediately repair such damage. Page 3 of 5 , , . I I 14. 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. 15. This Agreement shall not be assignable. 16. The Organization agrees to indemnify and save harmless the City by reason of any mechanicls liens which may be asserted as a claim against the premises as a result of the project. 17. The Parties agree that the previous Agreement between the parties dated August 8, 1985, is hereby terminated and cancelled. 18. The Organization 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 concession building or from the operation of the Buildings, except from the Cityls own negligence. The Organization shall maintain a policy or policies of insurance for such claims, with the City as an additional insured, 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 Organizationls liability shall then be limited to the limits of said policy or policies. Certificates of insurance coverage evidencing the same shall be filed with the City. Page 4 of 5 ...~" ,J I' I IN WITNESS WHEREOF, the parties hereto have set their hands and seal the date first above written. Approved as to form and correctness: ~ City Attorney .' ..... CITY OF CLEARWATER FLORIDA By: a ~ -6lI-- Ron H. Rabun, City Manager ------. -, " Attest: - - ~. . - .......-.. ..' '.. ./(: -- '../,....-.' " J AC~~ -.- -- ...~--- - -./. -. - ~ ..._,.... _.~...~:.: - GREENWOOD PANTHERS CULTURE & SPORTS ORGANIZATION, INC. By: .F1'~ tJ~ Gordon Wallace, President Attest: ~.. ~ retary Page 5 of 5